The Allahabad High Court recently comprising of a bench of Justice Sanjay Kumar Singh rejected the bail application of a person accused of raping a 13-year-old Class V student, while stating that in a country that worships little girls, the increase in cases of pedophilia is worrisome. [Jasman Singh v. State of UP]
The Bench was hearing a criminal miscellaneous bail application filed by Jasman Singh alias Pappu Yadav, seeking enlargement on bail during the pendency of trial.
The Court observed, “In this case, a small innocent girl has been raped, who does not understand its meaning. Little girls are worshiped in our country, but the cases of pedophilia are increasing. Rape is a heinous crime. The victim suffers from psychological effects of embarrassment, disgust, depression, guilt and even suicidal tendencies. Many cases go unreported.”
The Bench noted, “In almost all rape cases, the victim was unwilling to report the name of the abuser. The families of the victim remain silent about the sexual offences in order to protect the family image. The victim/female small child experience sexual abuse once tend to be more vulnerable to abuse in adult life. Healing is slow and systematic. In such a situation, if the right decision is not taken from the Court at the right time, then the trust of a victim/common man will not be left in the judicial system. This is the time to strictly stop this kind of crime”.
Facts of the case
The Informant had lodged FIR against the applicant in which it was alleged that the victim who was aged 13 years was residing with her and was alone in the house for doing some house-hold work and all the family members had gone to agricultural field for cutting fodder.
Taking the advantage of the situation, applicant forcibly entered into the house of the informant and threatening to kill the victim, she was dragged inside the room by grabbing her hair, and forcibly committed rape upon the victim.
Suddenly the informant, her son and one Magan came to the house and knocked on the door, but when they entered the house, they saw the victim lying unconscious in a naked condition and the applicant tried to flee away by climbing the wall but was caught. When the victim gained consciousness, she narrated the whole incident and Thereafter, the police was informed about the incident on phone by the family members of the informant, on which the applicant was arrested by the police from the house of the informant.
The applicant was booked for the offences punishable under Sections 323, 376(2)(1), 452 and 506 Penal Code, 1860, and Sections 3,4 of Protection of Children from Sexual Offences Act.
He has filed the present application seeking enlargement on bail during the pendency of trial.
Contention of the parties
The counsel for the Applicant argued that there was a love affair between the victim and the applicant and that she had herself called the applicant, but he was caught hold by the family members of the victim.
He further submitted that there was also a dispute between Kalawati and Pappu regarding the land and the accused has been falsely implicated in the case.
The Additional Government Advocate opposed the bail prayer of the applicant by contending that as per medical examination report, the victim is a minor child, aged about 13 years. The applicant has committed rape upon the victim in her own house and he was apprehended by the family members of the victim at the spot.
It is further submitted that the victim in her statement under Section 164 CrPC has made allegation of committing rape upon her forcibly by the applicant and also supported the prosecution case.
The AGA said the applicant has a criminal history of six cases, as mentioned in bail rejection order of the applicant dated October 23, 2020, but in the bail application, it is mentioned that the applicant has no criminal history.
Courts Observation and judgment
The Court at the very outset noted that the victim, aged about 13 years, is studying in the fifth standard, and in the opinion of the doctor, who conducted her medical examination, signs of violence seen and sexual violence cannot be ruled out.
The bench noting that the in this case, a small innocent girl had been raped, who does not understand its meaning, the Court remarked, "Rape is a heinous crime. The victim suffers from psychological effects of embarrassment, disgust, depression, guilt, and even suicidal tendencies. Many cases go unreported. In almost rape cases, the victim was unwilling to report the name of the abuser. The 4 families of the victim remain silent about the sexual offences in order to protect the family image. The victim/female small child experience sexual abuse once tend to be more vulnerable to abuse in adult life. Healing is slow and systematic."
The court considering the facts and circumstances of the case, submissions advanced on behalf of parties, the gravity of the offence, and the severity of the punishment, the Court did not find any good ground to grant bail to the applicant. Accordingly, the bail application was rejected.
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