Releasing accused who repeatedly raped minor would fester wounds, Bombay HC rejects bail plea

The Bombay High Court has refused bail to a man found guilty of usually raping a girl since she was 10 years old, observing the victim has developed the symptoms of a “nymphomaniac” due to the ordeal of the horrendous crime.

A single bench of Justice Prithviraj Chavan in the judgment on Monday(29, April) while refusing the bail plea filed by the accused, said the crime is not only shocking to the conscience of a prudent man but also obnoxious.

The high court in its order verbatim quoted the 27-page diary written by the victim describing her ordeal and stated”words will fall short to describe her mental, psychological and physical state and the impact of the ordeal she had undergone at the hands of the accused.” 

“The crime alleged to have been committed by the applicant is not only shocking to the conscience of any prudent man but is also obnoxious. Due to such horrendous crime, the victim has turned out to be a nymphomaniac,” the high court said.

The parents of the victim said that the accused and his wife took benefit of the fact that the girl’s father was working in Dubai.

They claimed that they learnt of the crime only when they found the victim’s diary from her room in 2021, when she was 17 years old. 

The girl had run away with a boy following which her parents had rummaged through her room.

In the diary, the victim claimed the accused man  raping her since she was in the 4th standard and his wife was aware of it.

She had claimed that the accused used to give a medicine that would apparently sexually arouse her.

The girls’ parents, after going through the diary, filed a police complaint against the man and his wife in the year 2021.

However the alleged man wife’s was granted bail by a special court. But the man’s bail was dismissed, following which he approached the HC seeking bail.

The high court noted that the wife of the accused had purposely aided and abetted the illegal acts and seems to be equally guilty.

The HC bench also observed that as per the writings of girl’s diary, she kept on telling about the alleged rape to her mother long back but due to social stigma, the latter had not taken any action against the accused.

In most cases, sexual abusers are persons well known to the child or close to them, the high court said.

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