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The Allahabad High Court rejected the bail plea of a 62-year-old man, Sunil, accused of committing rape upon a 3-year-old girl child noting that it was prima facie evident that he had committed the inhumane act. The bench of Justice Saurabh Shyam Shamshery termed the incident 'shocking and inhuman'.
In her statement recorded under Section 164 CrPC, the victim had corroborated the prosecution case. The child had communicated by words and by action that Sunil had raped her and blood was oozing out from her private parts.
Sunil, a carpenter by profession, had been allegedly engaged for some work at the house of the victim's father. As per the First Information Report, Sunil was apprehended from the spot of the alleged crime and a case was registered against him under Section 376 of the Indian Penal Code and 5/6 of the Protection of Children from Sexual Offences (POCSO) Act.
Seeking bail, Sunil had contended that he was falsely implicated in the present case as there was a dispute between him and the victim's father on payment of wages for his work. He had also pointed out the delay of about five days in lodging the FIR.
However, Court noted that the medical examination of the victim showed that her hymn was torn and there was swelling over labia majora and tenderness present over genitalia.
Court also pointed out that the victim had narrated her ordeal in words as well as in signs and had explained the entire incident of rape. Court said,
"It is also well settled that the Court while considering an application for bail must not go into deep merits of the matter such as question of credibility and reliability of prosecution witnesses which can only be tested during the trial...It is also well settled that the grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner, compassionately and not in whimsical manner."
Therefore, Court held that Sunil was not entitled to bail as he had 'prima facie' committed a heinous crime of rape on a three years old minor girl.
Case Title: Sunil v. State of U.P. and Another
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