Prayagraj: The Allahabad High Court said refused to grant bail to a man accused of raping a four-year minor girl, saying that little girls are worshipped in India and that and this type of act is not only a crime against the victims, it is a crime against the society as well and 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.
Justice Shekhar Kumar Yadav was hearing a plea from the accused, booked under the rape provisions of the Indian Penal Code (IPC) and Protection of Children from Sexual Offences (POCSO) Act, seeking to be released on bail.
Rape is a heinous crime and this type of cases are increasing day by day in our society: High Court
“A small innocent child aged about 4 years has been tried to commit rape even who does not understand its meaning. In our country, little girls are worshipped. Rape is a heinous crime and this type of cases are increasing day by day in our society. The court again and again observed that this type of act is not only a crime against the victims, 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,” the High Court said while refusing to grant bail to the accused.
Accused has been falsely implicated: Counsel
The counsel appearing for the accused submitted that the accused innocent and has been falsely implicated in the present case and that he has never committed any offence as alleged in the impugned FIR. The counsel further said that the complainant has cooked up a false and concocted story and lodged the FIR.
Prosecution, complainant opposed bail plea
The prosecution and complainant vehemently opposed the plea of the accused submitting that the victim is a minor child aged about four years of age and the act committed by the accused is a heinous offence. They further submitted that the accused is a criminal having previous criminal history of four cases and there is no reason to falsely implicate him and that the innocence of the accused cannot be ad-judged at pre-trial stage.
Minor victim has supported prosecution’s case in her statements, High Court noted
The High Court noted that the victim is aged about four years at the time of alleged offence and she has supported the prosecution story in her statement recorded under sections 161 and 164 of the Code of Criminal Procedure (CrPC).
“Considering facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of allegations, role assigned to the applicant, gravity of offence and all attending facts and circumstances of case, particularly, seeing the fact that the applicant has committed rape upon a four year minor girl, this court is of the opinion that it is not a fit case for bail,” the High Court said.
The High Court, however, directed the court below to expedite the trial of the case expeditiously, preferably within a period of one year from the date of production of certified copy of this order.
