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While rejecting the bail plea of a 50-year-old rape accused Sage (Baba), who often used to visit the victim’s house, the Allahabad High Court has said that “on account of these kind of incidents, faith and trust on the person is decreasing”. Court held that therefore, the accused must suffer the consequences of his act.

The bench of Justice Sanjay Kumar Singh observed,

“In this case, a heinous crime of kidnapping and rape has 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."

Court noted that in the present case, a hapless girl had been ravished by the accused Baba. Court said, “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.”

According to the prosecution's story, an FIR was registered under section 363 IPC by the victim girl’s father against an unknown person stating that when her minor daughter went to attend the call of nature, she did not return home.

The Additional Government Advocate (AGA), who opposed the bail of the accused Baba, submitted before the court that the victim was recovered after one month, from the possession of the bail applicant, namely Bhootnath alias Ramdas alias Babaji from district Jamnagar, Gujarat. Following the recovery, the Baba was arrested and was produced before the concerned court of district-Fatehpur, Uttar Pradesh.

AGA further said that it had been stated by the victim girl in her statement under sections 161 and 164 Cr.P.C that she had been forcibly enticed away by the applicant Baba and was raped.

"She had also stated that the applicant used to give her some medicines, due to which she used to fall asleep. The victim also alleged that she was usually assaulted with danda and chimta (tong) by the Baba", AGA told the court. 

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

It was also argued by the prosecution that the Baba was well acquainted with the girl’s family. AGA said that it cannot be expected of a sage that he can commit such a heinous crime with a girl, who has reverence and faith in him.

However, Baba’s counsel refuted the allegations and argued that as per the medical examination report of the victim, she is about 18 years and she had developed illicit relations with the applicant. He added that therefore, the victim girl was a consenting party with the applicant.

Noting that the degree of understanding of a child can never be put in straight jacket formula, the court said that regardless of the victim’s position in society, the act of sexual assault induces trauma and horror in a girl’s mind.

“A child/girl, who is the victim of sexual assault, is not an accomplice to the crime, but is 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 accomplice,” the court held.

Therefore, finding no good ground to grant the bail plea, the court rejected it.

Case Title: Bhootnath vs. State of UP and Another