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In a case relating to rape of a six-year-old by a senior citizen, the Allahabad High Court has denied bail to the accused, terming him a pedophile and mentally retarded person.

The Bench of Justice Rahul Chaturvedi said, "it is a typical case, where the applicant could safely be termed as a pedophile. The applicant is a mentally retarded person, who could not save a young girl."

The bail applicant, Samsu @ Samshulhaq had been in jail since June this year. He had been booked under Sections 376, 506 IPC and 5/6 Protection of Children from Sexual Offences (POCSO) Act. 

It was alleged by the mother of the victim girl child, who also got the FIR registered, that her daughter, aged about six years, used to visit the place of the applicant for private tuition, where she was mercilessly misbehaved with, and raped by the applicant.

However, the defendant's counsel countered the allegations stating that the applicant has been falsely implicated in the present case because of enmity between the complainant and the applicant.

He further argued that the applicant himself was a senior citizen, and it could not be expected that such a senior person would involve himself in such a heinous offence, therefore, he insisted that on that account, the applicant had been falsely implicated in the present crime.

Though the bail plea was vehemently opposed by the prosecution contending that the prosecutrix was a young girl of mere six years of age, regarding whom there are specific allegations of sexual molestation and rape.

Court's observations

Taking note of the material on record, the court noted that the victim girl child's hymen was torn. It further highlighted that, "In the statement of the victim recorded under Section 164 Cr.P.C., she has made an explicit allegation of commission of unnatural sex upon her."

Therefore, after perusing the record, the court held the case a typical one where the accused could safely be termed as a pedophile.

Also, stating that the prosecutrix is a child of six years and the offence of which the applicant has been charged and the evidence appearing prima facie shows his complicity, court opined against the release of the applicant on bail. 

Accordingly, the bail was denied. 

Cause Title: Samsu @ Samshulhaq v. State Of UP and Another