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Rejecting bail application of a rape accused on Tuesday, Allahabad High Court observed that for the victim in rape cases, healing is slow and systematic, and if the court does not take the right decision at the right time, harm is to be caused to the trust of common man in the Judicial system.

Highlighting the heinousness of the crime, Justice Sanjay Kumar Singh observed,

“In this case, a small innocent girl has been raped, who does not understand its meaning. Little girls are worshiped in our country, but the cases of pedophilia are increasing. Rape is a heinous crime. The victim suffers from psychological effects of embarrassment, disgust, depression, guilt and even suicidal tendencies.”

Stressing upon the plight of the victim in such cases, the Court further stated,

“Many cases go unreported. In almost rape cases, the victim was unwilling to report the name of the abuser. The families of the victim remain silent about the sexual offences in order to protect the family image.”

In his bail application, the applicant had urged before the court that there was love affair between the victim and the applicant. She herself called the applicant, but he was caught hold by the family members of the victim.

However, the court observed that,

“The victim, aged about 13 years, is studying in fifth standard. According to medical examination report of the victim, all epiphysis are not fused. In the opinion of the doctor, who conducted the medical examination of the victim, sign of violence seen and sexual violence cannot be ruled out.”

Being further contended by the applicant that he is facing detention since 2019 though having no criminal antecedent to his credit, the Court rejected this contention and highlighted that the applicant had not come with clean hands before the Court as he had suppressed the fact that he had a criminal history of six cases as was mentioned in his earlier bail rejection order.

Noting that the offence of committing rape upon a minor child is heinous in nature, the court stressed that this is the time to strictly stop this kind of crime.

“The victim/female small child experience sexual abuse once tend to be more vulnerable to abuse in adult life. Healing is slow and systematic,” Court added.

Finding no good ground to grant bail to the applicant, the court rejected the bail application.

(Case Title: Jasman Singh @ Pappu Yadav v. State of U.P. and Another)