Mumbai: A Dindoshi sessions court on Tuesday rejected the bail application of a 22-year-old youth booked for repeatedly raping a 16-year-old girl from his neighbourhood with mildly intellectual disability, an assault which had allegedly got her pregnant.
The Malad resident is charged by the Kurar police station along with another youth from the neighbourhood, who too, as per the complaint, kept forcible sexual relations with the minor.
The youth had claimed bail on the grounds that he had been falsely implicated and that the other youth and the girl had love relations and that she was a consenting party with the co-accused. His advocate had also pointed out contradictions in the minor’s statement before a medical officer who had examined her after the lodging of the FIR. It was also contended that there are no documents to show she is intellectually disabled.
The girl’s mother, who had lodged the complaint, had opposed bail to the youth and told the court through a response that if he is released on bail, there is threat to her and her daughter’s life.
The court noted that as per the chargesheet, the victim was medically examined by a psychiatrist and the medical certificate shows she has mild intellectual disability. It also mentioned the statement of the girl as per which the youth developed forceful sexual relations with her from time to time due to which she got pregnant and then the co-accused kept contact with her, as also sexual relations. It noted that the DNA report to ascertain parentage was pending. Special Judge under the Protection of Children from Sexual Offences (POCSO) Act SM Takalikar said in her order while denying the relief that the record shows that the applicant had forcible sexual intercourse with victim who has mild mental retardation and that if released on bail, it is possible he may threaten the victim and other witnesses.
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