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India Worships Little Girls But Pedophilia Cases Are Increasing: Allahabad HC Denies Bail To Man Booked For Raping 13-Yr-Old Girl

Sparsh Upadhyay
18 Aug 2021 12:33 PM GMT
India Worships Little Girls But Pedophilia Cases Are Increasing: Allahabad HC Denies Bail To Man Booked For Raping 13-Yr-Old Girl
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Emphasizing that India worships little girls, but at the same time, the cases of pedophilia are increasing in the Country, the Allahabad High Court today denied bail to a man who has been booked for raping a 13-year-old girl.Importantly, the Bench of Justice Sanjay Kumar Singh observed thus:"In such a situation, if the right decision is not taken from the Court at the right time, then...

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Emphasizing that India worships little girls, but at the same time, the cases of pedophilia are increasing in the Country, the Allahabad High Court today denied bail to a man who has been booked for raping a 13-year-old girl.

Importantly, the Bench of Justice Sanjay Kumar Singh observed thus:

"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. This is the time to strictly stop this kind of crime."

The case before the Court

The Court was hearing the plea of a man who allegedly raped a 13-year-old girl when she was alone in the house for doing some household work and all her family members had gone to the agricultural field for cutting fodder.

Allegedly, the applicant taking the advantage of the situation, forcibly entered the house of the informant, and threatening to kill the victim, dragged her inside the room by grabbing her hair, and forcibly committed rape upon the victim.

During the course of this unfortunate incident, suddenly the informant, her son Rohit and one Magan came to the house and knocked on the door, but when they entered the house, they saw the victim lying unconscious in a naked condition and the applicant tried to flee by climbing the wall.

However, he was caught and when the victim gained consciousness, she narrated the whole incident. Thereafter, the police was informed about the incident on phone by the family members of the informant, on which the applicant was arrested by the police from the house of the informant.

The counsel for the Applicant argued that there was a love affair between the victim and the applicant and that she had herself called the applicant, but he was caught hold by the family members of the victim. 

Court's observations

At the outset, the Court noted that the victim, aged about 13 years, is studying in the fifth standard, and in the opinion of the doctor, who conducted her medical examination, signs of violence seen and sexual violence cannot be ruled out.

Thus, noting that the in this case, a small innocent girl had been raped, who does not understand its meaning, the Court remarked thus:

"Rape is a heinous crime. The victim suffers from psychological effects of embarrassment, disgust, depression, guilt, and even suicidal tendencies. Many cases go unreported. In almost rape cases, the victim was unwilling to report the name of the abuser. The 4 families of the victim remain silent about the sexual offences in order to protect the family image. The victim/female small child experience sexual abuse once tend to be more vulnerable to abuse in adult life. Healing is slow and systematic."

Considering the facts and circumstances of the case, submissions advanced on behalf of parties, the gravity of the offence, and the severity of the punishment, the Court did not find any good ground to grant bail to the applicant. Accordingly, the bail application was rejected

Case title - Jasman Singh @ Pappu Yadav v. State of U.P. and Another

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