Sexual Assaults On Children On Rise, All Cases Aren't Reported; Offenders Must Be Punished Mercilessly: Allahabad High Court

Noting that all such sexual assaults are not reported and do not come to light, the bench of Justice Sanjay Kumar Singh added thus:

“…this is due to the reasons that children are ignorant of the act of the rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art of luring female children and young girls.”

Significantly, the Court further noted that such offenders, who are menace to the civilized society should be mercilessly and inexorably punished in the severest terms.

The bench observed thus while denying bail to an accused booked under Sections 376AB of IPC & under Section 5m/6 POCSO Act who allegedly committed penetrative sexual assault against a 7-year-old girl by alluring her for giving Rs. 10/-. The accused was arrested in January 2022.

The counsel for the accused argued that he had been falsely implicated in this case and that the allegation of the prosecution was not supported by the medical examination report of the victim as no injury was found on her body and her hymen perineum was found intact.

On the other hand, the Additional Government Advocate opposed the prayer for bail of the applicant by contending that the victim in her statement both under Section 161 and 164 CrPC has made serious allegations of rape against the applicant.

Against this backdrop, the Court noted that the 7-year-old Victim, in her statement under Section 164 CrPC, specifically levelled allegations against the accused.

Further, referring to Modi Textbook of Medical Jurisprudence and Toxicology, 23rd Edition, the Court noted that it is well settled that to constitute an offence of rape complete penetration of the penis with emission of semen and the rupture of the hymen is not necessary.

The Court also observed that the Supreme Court, in its various rulings, has held that the courts can rely on the sole testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable,

Further, referring to the presumption under Section 29 of the POCSO Act, which is drawn against the accused applicant, the Bench, considering the overall facts and circumstances of the case refused to release the applicant on bail.

Case title - Rajesh vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 10336 of 2022]

Case Citation: 2023 LiveLaw (AB) 167

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