'Very Serious Crime': Allahabad High Court Denies Bail To Man Accused Of Raping 20-Month-Old Child

Taking into account the fact that the victim received serious injuries on her private part, the bench of Justice Brij Raj Singh rejected the second bail application of the accused.

“…it is evident that the medical report indicates that the private part of the victim was ruptured and vaginal bleeding is found, the summary discharge report also indicates that the victim received serious injuries on her private part that is why she was referred for surgery, the crime appears to be very serious as the infant of about 20 months who was sleeping alone was raped by the applicant…,” the Court said as it opined that minor contradictions in the statements of 3 prosecution witnesses won’t help the accused-applicant who was lodged in the jail February 2020.

Before the Court, the Counsel for the accused applicant submitted that no one had seen the incident and the injuries received on the private part of the infant were due to the iron nail of the cot on which she was sleeping.

It was further contended that the medical report indicated that no opinion of sexual assault had been given by the doctor and no definite opinion of rape had been given and also no spermatozoa had been found on the body of the victim, therefore, the prosecution case is not supported by the medical report.

The Counsel further argued that P.W.-1 i.e. the mother of the victim has stated that on the basis of doubt, she had lodged the report against the applicant and similar statements have also been given by P.W.-2 and P.W.-3 before the Court.

On the other hand, the A.G.A.-I appearing for the state argued that the applicant committed rape on the infant when she was alone and when she raised the alarm, her family members reached the place of occurrence and as soon as the family members reached, the applicant ran away from the place of occurrence and therein, P.W.-1 and his family members saw that there was bleeding from the private part of the victim.

Further, the AGA drew the attention of the Court towards the discharge medical summary indicating that certain injuries were present on the private part of the victim.

Against this backdrop, considering the overall facts and circumstances of the case, perusing the record and also considering the nature of allegations, and arguments advanced by the counsel for the parties, the Court refused to grant him bail.

Appearances

Counsel for Applicant: Avinash Kumar Srivastava, Sunil Kumar Yadav

Counsel for Opposite Party: AGA Rajesh Kumar Singh

Case Title: Mata Pher Rawat vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And 3 Others 2023 LiveLaw (AB) 270 [CRIMINAL MISC. BAIL APPLICATION No. - 2611 of 2023]

Case Citation: 2023 LiveLaw (AB) 270

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