"Due To Such Incidents, Faith & Trust Is Decreasing": Allahabad High Court Denies Bail To Sage (Baba) Booked For Raping Minor

The Allahabad High Court last week denied bail to a Sage (Baba) accused of raping the minor victim/girl noting that he was known to the victim's father and used to visit her house frequently.

The Bench of Justice Sanjay Kumar Singh observed thus:

"In this case, a hapless girl had been ravished by the accused. The act of sexual assault induces trauma and horror for any girl or regardless of her social position in society...As a matter of fact, the crime is not only against the victim, it is against the whole society as well. It demands just decision from the Court and to such demand, the Courts of law are bound to respond within the legal parameters."

Facts in brief

As per the prosecution's case, a first information report had been lodged under section 363 IPC against an unknown person alleging inter alia that on June 1, 2019 at about 4.00 a.m. her minor daughter, had gone to attend the call of nature, but did not return home.

The victim was recovered after one month from the possession of the applicant (Bhootnath alias Ramdas alias Babaji) from district Jamnagar, Gujarat with the help of the local police of Jamnagar.

The applicant was arrested on July 2, 2019, and after obtaining a transit remand, he was brought and produced on July 5, 2019 before the concerned court of district-Fatehpur, U.P., and in her statement under sections 161 and 164 Cr.P.C. the victim had stated that she has been forcibly enticed away by the applicant and also made an allegation of committing rape upon her against the applicant.

She also stated in her statement under section 161 Cr.P.C. that the applicant used to give her some medicines, due to which she used to fall asleep. It is also alleged by the victim that the accused also assaulted her by danda and chimta (tong).

Thereafter, sections 376, 323 IPC, and 3/4 of the Protection of Children from Sexual Offences Act (POCSO) were added by the Investigating Officer.

The prosecution argued that the applicant is well acquainted with the family members of the victim and that is a sage and it was not expected by a sage of committing such a heinous crime with a girl, who has reverence and faith in him.

On the other hand, it was submitted by the counsel for the applicant that as per the medical examination report of the victim, she is about 18 years and the victim had developed illicit relations with the applicant and as such, she was a consenting party with the applicant.

Court's observations

The Court noted that as per section 2(1)(d) of the POCSO Act, a "Child" means any person below the age of eighteen years and that in this case, a heinous crime of kidnapping and rape had been committed with a child/girl by the accused, who is a sage (Baba) aged about 50 years and was known to victim's father and used to visit her house, ergo he must suffer for its consequences.

"On account of these kinds of incidents, faith and trust in the person are decreasing. A rapist not only violates the victim's personal integrity but leaves indelible marks on the very soul of the helpless female. In this case, a hapless girl had been ravished by the accused.

In response to the argument that she was a consenting party, the Court observed thus:

"A child/girl, who is the victim of sexual assault, is not an accomplice to the crime, but is a victim of another person's lust and therefore, her statement need not be tested at this stage with the same amount of suspicion as that of an accomplice."

Lastly, considering the facts and circumstances of the case, submissions advanced on behalf of parties, the gravity of the offence, the severity of the punishment, and the manner in which the offence had been committed, the Court denied him bail.

Emphasizing that India worships little girls, but at the same time, the cases of paedophilia are increasing in the Country, the Allahabad High Court had recently observed as it denied bail to a man who has been booked for raping a 13-year-old girl.

Case title - Bhootnath v. State of U.P. and Another 

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