In Our Country Little Girls Are Worshipped: Allahabad HC While Denying Bail To Man Accused Of Raping 4 Year Old

The Court was hearing a Criminal Miscellaneous Bail Application filed by the Applicant seeking enlargement on bail in a Crime case registered under Sections 363, 376, 511 IPC and Section 9M, 9U/10 POCSO Act.

The bench of Justice Shekhar Kumar Yadav observed, “In our country, little girls are worshiped. Rape is a heinous crime and this type of cases are increasing day by day in our society.”

Advocate Mohd Aadil Siddiqui appeared for the Appellant and Advocate Narendra Kumar appeared for the Respondent.

Brief Facts-

It is the case of the prosecution that informant’s 4-year-old daughter went outside to watch a spectacle. Soon after, locals informed the informant that her daughter was being taken away by the accused. They found the accused with the victim near the railway gate, who was unconscious with torn clothes and cuts on her body, suggesting an attempted rape. The accused fled when the informant and others arrived.

The Court observed, “a small innocent child aged about 4 years has been tried to commit rape even who does not understand its meaning…The Court again and again observed that this type of act is not only a crime against the victim, 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 Court emphasised.

Accordingly, the Court rejected the Bail Application.