Little Girls Are Worshipped In Our Country: Allahabad HC Denies Bail To Man Accused Of Sexually Assaulting 4 Y/O Child

In its order, the Court also observed that Rape is a heinous crime and that these types of cases are increasing day by day in our society, even though little girls are worshipped in our country.

“The Court again and again observed that this type of act is not only a crime against the victim, it is a 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” a bench of Justice Shekhar Kumar Yadav observed.

The Court was dealing with a bail plea filed by Ahsan, who was booked under Sections 363, 376, and 511 IPC and Section 9M, 9U/10 POCSO Act.

As per the FIR, on April 21, 2024, the Accused forcibly took away the victim, and the informant (the victim's father) went to search for the girl. After some time, she was found with the accused and her clothes were torn, and there were cut marks on her cheeks and back, waist and mouth.

The child was allegedly in an unconscious state, and an attempt was also made to rape her. Seeing the informant, the accused ran away from the spot. Later on, the accused was arrested by the Police (in May 2024).

Seeking bail in the case, the counsel appearing for the accused argued before the HC that the accused had been falsely implicated in the present case and he never committed any offence as alleged in the impugned FIR.

It was also argued that no eyewitness to the alleged incident had been produced to support the prosecution story and that the FIR had been lodged with a delay of 6 days.

It was also contended that the statement under Sections 161 and 164 CrPC contains material contradictions, and the version of the FIR and medical report is not corroborated, which creates serious doubt in the entire prosecution story.

On the other hand, the AGA, appearing for the state, opposed the prayer for bail to the applicant by contending that the victim is a minor child aged about four years.

It was also submitted that the act committed by the accused-applicant, as mentioned in the FIR, is a heinous offence and that the applicant is a criminal with a previous criminal history of four cases.

Lastly, it was argued that there is no reason to implicate the applicant falsely and that the applicant's innocence cannot be adjudicated at the pre-trial stage.

In view of this, considering the facts and circumstances of the case as well as submission advanced by counsel for the parties, the nature of allegations, the role assigned to the applicant, the gravity of the offence, and all attending facts and circumstances of the case, the Court denied bail to the applicant-accused.

Case title - Ahsan vs. State Of U.P. And 3 Others

Case citation:

Click here ToRead/Download Order