Depth Of Penetration Is Immaterial In Offence Of Rape: Allahabad High Court Denies Bail To POCSO Accused

Stressing that the depth of penetration is immaterial in an offence of rape, the Allahabad High Court last week denied bail to a man who committed rape on an 8-year-old girl.

The Bench of Justice Sanjay Kumar Singh further observed that little girls are worshipped in our country, but the cases of pedophilia are increasing.

The Court also said that a victim/female small child who experiences sexual abuse once in her life, tend to be more vulnerable to abuse in adult life, and in such cases, the healing is slow and systematic.

It may be noted that the Allahabad HC had, in August last year, emphasized that India worships little girls, but at the same time, the cases of pedophilia are increasing in the Country.

The Bench of Justice Sanjay Kumar Singh had said so while denying bail to a man who had been booked for raping a 13-year-old girl.

The case in brief

Essentially, the Court was dealing with the bail plea of one Chndra Prakash Sharma booked under Sections 354, 376 IPC and Sections 5/6 POCSO Act as he was accused of raping an 8-year-old girl on July 16, 2021. 

After the alleged incident, the girl came home and told about the entire incident to her mother, and thereafter, on the same day, she was medically examined in which doctor opined that sexual violence cannot be ruled out.

The victim in her statements under Section 161 and 164 Cr.P.C. made allegations of rape against the applicant reiterating the prosecution case as mentioned in the first information report.

On the other hand, the counsel for the accused, in his defence, submitted that the applicant had been falsely implicated in this case and no mark of injury had been found on the body of the victim and hymen of the victim was also found to be intact and no fresh injury or bleeding was seen at the time of her medical examination.

It was also argued by the counsel that the victim, in her statement under Section 164 Cr.P.C., had not stated that the applicant had committed rape on her, as such, no offence was made out against him.

Lastly, it was submitted by that the applicant is languishing in jail since July 17, 2021, and in case, he is released on bail, he will not misuse the liberty of bail and cooperate with the trial.

Court's observations

At the outset, the Court noted that rape is a heinous crime and the victim of the crime suffers from psychological effects of embarrassment, disgust, depression, guilt and even suicidal tendencies. Further, the Court also remarked thus:

"Rape is not only a crime against the victim, it is crime against the society as well and is also violative of victims most cherished of fundamental rights, mainly right to life contained in Article 21 of the Constitution of India. 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."

Against this backdrop, taking into account the provision enumerated under Section 376A-B of Indian Penal Code that if rape is committed by a man on a little girl under twelve years of age, then the guilty person shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which means that the accused shall be in prison for the remainder of his natural life, and with fine or with death, the Court denied bail to the accused in the instant case.

Case title - Chndra Prakash Sharma v. State Of U.P And Another

Case Citation: 2022 LiveLaw (All) 172

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