Delhi High Court Denies Bail To 'Faith Healer' Accused Of Sexually Assaulting Minor Under Pretext Of Removing 'Jinn'

The Delhi High Court has recently denied bail to a man accused of sexually assaulting a minor girl under the pretext of performing spiritual healing to rid her of a “jinn”.Justice Swarana Kanta Sharma observed that the material on record prima facie indicated that the accused, stated to be a Maulvi, “took undue advantage of the vulnerable physical and mental condition of the prosecutrix as well as the blind faith reposed in him by her family.”The bail application was filed in connection with an FIR registered under Section 376 of the IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act.According to the prosecution, the minor had been unwell for several years, leading her family to believe she was under the influence of an evil spirit. On the advice of a family relative, she was taken to the accused, who claimed to be a Maulvi and faith healer.It was alleged by the prosecution that during the course of such “treatment”, the accused first asked the minor victim inappropriate questions and later visited her residence, and insisted on treating her alone. He allegedly told the minor that the “jinn” could only be removed through obscene acts and thereafter sexually assaulted her.The victim disclosed the incident to her mother the next day, following which a PCR call was made and the FIR was registered. Medical examination and investigation were subsequently carried out and a chargesheet was filed before the Sessions Court.The counsel appearing for the accused submitted that he had been in custody since October 2019, over six years, and that such prolonged incarceration violated his right to a speedy trial. It was further submitted that 12 out of 18 prosecution witnesses, including the prosecutrix and her parents, had been examined, and therefore there was no possibility of tampering with evidence.Opposing the plea, the prosecution contended that the allegations were grave and that the accused had exploited the vulnerability of the victim and her family's blind faith under the guise of spiritual treatment.Denying him bail, Justice Sharma noted that the statement of the prosecutrix under Section 164 CrPC, as well as her testimony before the trial court, supported the prosecution case.The Court noted that the minor was a young girl suffering from illness, and both she and her family were made to believe that the accused could cure her through spiritual treatment. Justice Sharma said that instead of providing any such help, the accused allegedly misused that trust and exploited the prosecutrix under the guise of treatment. “The contention of the learned counsel for the applicant that there are discrepancies in the testimonies of the material witnesses and that the testimony of the prosecutrix is unreliable cannot be examined in detail at this stage,” the Court said. “In view of the nature and gravity of the allegations, the material placed on record, and the stage of trial, this Court does not find any ground for grant of bail to the applicant,” it held.The bail application was accordingly dismissed.Title: MOHD MUBARAK v. STATE (NCT OF DELHI)Click here to read order

Delhi High Court Denies Bail To 'Faith Healer' Accused Of Sexually Assaulting Minor Under Pretext Of Removing 'Jinn'

Nupur Thapliyal

Tags