Subjecting Woman To Occult Rituals To Treat Her Infertility A 'Curse For Society', It Is Mindset Of Stone Age: Allahabad High Court

The Allahabad High Court recently called it a curse for a society that women are still subjected to occult (तांत्रिक) rituals to treat their infertility even before ascertaining that it might be a case of male infertility.

The bench of Justice Saurabh Shyam Shamshery observed thus while denying bail to an accused who, along with his family members, has been accused of giving repeated burn injuries to her bhabhi (brother's wife) purportedly on the directions of an occultist so as to treat her infertility.

"The mindset of applicant and co-accused who still believe in occultism to be a cure of female infertility even before ascertaining that it might be a case of male infertility, is of persons living in stone age and not in 21st Century, where science as developed to such extent that even infertility (of male or of female) may be medically cured, therefore, there is absolutely no case of bail at this stage," the Court observed.

Essentially, the allegations against the accused-applicant in the case are that he and his family members, including the husband of the deceased woman hatched a conspiracy and in furtherance of their common intention, they subjected the deceased to gruesome rituals as advised by a Tantrik (co-accused) by repeatedly burning her with red hot Pinch(चिमटा) and due to that she died.

As per the post-mortem report, as many as 17 antemortem injuries including many burn injuries were found and the immediate cause of death was recorded as coma due to antemortem head injury, a lacerated wound.

The accused-applicant moved to the High Court after his bail plea was rejected by the Sessions Judge, Shahjahanpur in July 2021.

Before the HC, his counsel tried to make out a case for bail by placing the statement of witnesses recorded during the investigation, however, the Court noted that he miserably failed in his attempt as there exists an independent witness account as well as an eye-witness account that completely corroborates the prosecution case.

Against this backdrop, taking note of the manner in which the victim was allegedly tortured by occultist rituals as well as the nature and number of injuries (17 in number) caused to the victim, who died as well, the Court concluded that the nature of the evidence collected during the investigation completely corroborated the prosecution case.

With this, the Court rejected the bail plea while directing the Trial Court to conclude the trial expeditiously, preferably within a period of one year, if there is no legal impediment.

Appearances

Counsel for Applicant: Ritesh Singh, Suresh Singh

Counsel for Opposite Party: G.A.

Case title - Durvesh vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 3215 of 2023]

Case Citation: 2023 LiveLaw (AB) 126

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