Allahabad High Court rejects bail application of rape accused

The Allahabad High Court while rejecting the bail application of rape accused observed that all sexual assaults on female children are not reported and do not come to light yet there is an alarming and shocking increase of sexual offences committed on children.

A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc bail Application filed by Rajesh.

By means of the application, applicant Rajesh, who is involved in Case under Sections 376AB of I.P.C, & under Section 5m/6 POCSO Act, Police Station Dauki, District Agra, seeks enlargement on bail during the pendency of trial.

As per prosecution case the informant who is mother of the victim lodged a first information report on 14.01.2022 for an alleged offence under Section 376 I.P.C and Section 3/4 of POCSO Act against the applicant Rajesh making allegations inter-alia that on 14.01.2022 at about 05:50 PM when her daughter aged about 7 years had gone to field, the applicant by alluring her for giving Rs 10/- bodily lifted her to the mustard field and committed rape on her.

The main substratum of argument of the counsel for applicant is that the applicant has been falsely implicated in the case and that the allegation of the prosecution is not supported by the medical examination report of the victim as no injury was found on her body and her hymen perineum was found intact. Therefore, the applicant who is languishing in jail since 15.01.2022 may be enlarged on bail.

Per contra, Additional Government Advocate vehemently opposed the prayer for bail of the applicant by contending that the victim in her statement both under Section 161 and 164 Cr.P.C has made serious allegation of rape against the applicant. Victim is a minor child aged about 7 years, and the offence is heinous in nature, therefore bail application of the applicant is liable to be rejected.

Victim in her statement under Section 164 Cr.P.C has specifically stated that when she had gone to fetch mustard from the field, the accused took her to the field in the lap and inserted his penis into his vagina.

It is well settled that to constitute an offence of rape complete penetration of penis with emission of semen and the rupture of hymen is not necessary.

It is also not disputed that after investigation charge sheets have been submitted under Section 376AB of I.P.C, in which a minimum sentence of 20 years has been provided. Apart from this presumption under Section 29 of the POCSO Act shall also be drawn against the accused applicant.

Though all sexual assaults on female children are not reported and do not come to light yet there is an alarming and shocking increase of sexual offences committed on children. This is due to the reasons that children are ignorant of the act of the rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art of luring female children and young girls. Therefore, such offenders who are a menace to the civilized society should be mercilessly and inexorably punished in the severest terms, the Court said.

“Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant and severity of punishment, I do not find any good ground to release the applicant on bail”, the Court observed while rejecting the bail application.

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