Words Fall Short To Describe Impact Of Ordeal On Victim: Bombay High Court Denies Bail To Neighbour Accused Of Sexually Abusing Child For Nine Yrs

The Bombay High Court on Monday denied bail to a man accused of continuously sexually abusing a child over a period of nine years observing that his “horrible, appalling and obnoxious” crime caused so much trauma to the child that she has become a nymphomaniac.

In his order, Justice Prithviraj K Chavan reproduced verbatim 27 handwritten pages in the victim's notebook narrating repeated sexual abuse and threats by her neighbour from when she was an 8-year-old child studying in 4th standard till she attained the age of seventeen. The victim also described feeling shame, having attempted suicide, and getting addicted to sex and smoking to control lust as a result of the assault.

“Having read the entire text, I do not think anything more is required to be said, for, words will fall short to describe the mental, psychological and physical state of the victim and the impact of the ordeal she had undergone at the hands of the applicant. The crime alleged to have been committed by the applicant is not only shocking the conscience of any prudent man but it is also obnoxious. Due to such horrendous crime, the victim has turned on as a nymphomaniac”, the court observed.

The court observed that the victim had become habitual to sexual intercourse due to the trauma of the abuse by the accused.

“This is not at all a fit case to admit the applicant to bail. To do so would tantamount to further aggravate and fester the wounds of the victim which are still fresh in her mind, body and soul. Apart from these aspects, looking to the nature and propensity of the applicant, likelihood of repeating similar offence cannot be ruled out. It is quite possible that in case of his release, the applicant may threaten and coerce the victim and her parents”, the court held.

The applicant is booked under sections 323, 328, 342, 354, 376, 377, 506 (2) r/w 34 IPC and Sections 4, 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

In May 2021, the victim's father reported to the Amboli Police Station in Mumbai about the elopement of his seventeen-year-old daughter with a boy. While searching for clues in the victim's room, her family discovered her handwritten notebook, revealing shocking details of repeated sexual abuse, including rape and unnatural sex, and threats by the applicant dating back to when she was in the 4th standard. The applicant's wife was allegedly hands in glove with him in perpetrating the abuse.

In March 2020, the victim informed her mother of the sexual abuse and the accused of making her take substances to induce sexual arousal. Despite being aware of these incidents, the victim's family refrained from reporting the matter to the police due to fear of reprisal from the accused, who had relatives residing in the same building. Concerns about the victim's future marriage prospects and the family's reputation further contributed to their reluctance to report the abuse. The victim had been living under immense psychological distress, undergoing treatment by a psychiatrist.

The applicant and his wife were arrested, and a charge sheet was filed. The applicant's application for bail was rejected by the Special Court under the POCSO Act. Thus, he approached the Bombay High Court.

The court noted the severity of the offences, describing them as shocking and obnoxious, and highlighted the psychological impact on the victim, who was diagnosed with post-traumatic stress disorder (PTSD) by a psychiatrist.

The court noted that the victim's statement, medical examination report, and psychiatric evaluation provided evidence of the sustained abuse suffered by the victim over many years. The accused allegedly forced the victim into various sexual acts, including oral and vaginal intercourse, while his wife allegedly aided and abetted these crimes.

Further, there were allegations of monetary extortion and blackmail by the accused, with threats to release incriminating videos. Medical examinations corroborated the victim's account, indicating a history of abuse and psychological trauma.

The court concluded that prima facie, the applicant had committed penetrative sexual assault under sections 3(a), 7 and 11 of the POCSO Act and other offences against the victim. It highlighted the complicity of the applicant's wife in aiding and abetting the crimes, observing that she appeared to be equally culpable.

The court highlighted that children are easy targets as they are easily threatened and are less likely to speak out about the abuse. It said:

“Most commonly, abusers are persons who are well known to the child and may even be living in the household. The victim indeed was a soft target for the applicant to abuse her sexually as she could not have realized the fact that she was being abused by the abuser. The guidelines further reveal that abusers are also known to use chocolates and toys to lure children which had been exactly done by the applicant when he first molested the victim. The children, as has been stated, are more easily threatened and less likely to speak out about the abuse.”

In light of the heinous nature of the crimes and the potential threat posed by the applicant, the court deemed it inappropriate to grant bail. It directed the Trial Court to expedite the trial proceedings without unnecessary delays.

Case no. – Criminal Bail Application No. 4297 of 2021

Case Title – Mehraj @ Meraj Kaddan Khan v. State of Maharashtra and Anr.