Date of judgement:
10th December 2021
Bench:
Justice Subramonium Prasad
Parties:
Appellant – Suraj, Lal Mohammad Alias Atul
Respondent – State, Govt of NTC Delhi
Subject
A minor girl was raped by a group of friends and got impregnated. The accused filed an application for bail which was dismissed by the High Court considering the seriousness of the offense.
JUDICIAL PROVISIONS
- Section 376 of IPC- punishment for sexual assault.
- Section 376 D of IPC- Gang rape.
- Section 506 of IPC- punishment for criminal intimidation.
- Section 34 of IPC- Crime done by many people with common intention.
- Section 6 of POCSO Act- punishment for aggravated sexual assault.
- Section 161 CrPC – examination of witnesses by police.
- Section 164 CrPC- recording of confessions and statements.
- Section 439(1)(a) IPC– special powers of HC or session court regarding bail.
- Section 367 (2) IPC – kidnapping subject to grievous hurt or slavery.
- Section 506 (ii) IPC- punishment for criminal intimidation.
OVERVIEW
- The current application was filed by the petitioners against whom an FIR was filed under Sections 376, 376 D, 506 and 34 of IPC read along with section 6 of POCSO Act. The petitioners had pleaded for a grant of bail in their petition.
- The facts which led to the registration of FIR were - A 17 years old girl who was studying in class 9th, used to live with her mother. The mother used to do household chores as a maid.
The girl was introduced by Lal Mohammad (petitioner) and his sister-in-law, Hasina Khatoon to Suraj (accused) when she was in 5th standard. Subsequently, a mutual friendship developed between them.
- After 2 to 3 months into the friendship, Suraj took her to Inderpuri forest after school and raped her. Suraj also made explicit videos of the girl, after which certain friends of Suraj - Lal Mohammad, Atul, Anurag, Sachin and Rohit - arrived at the spot.
- They subsequently started blackmailing the girl and said that the videos would be circulated if she didn’t have intercourse with them.
- When the girl denied it, Suraj sent some letters through children to the girl stating that he would upload her videos and will kidnap her younger sister.
- In March 2018, the girl missed her menstrual cycle and realized that something was amiss.She gathered strength from the support of her friends and told her mother about the rape incident and the subsequent blackmailing. Resultantly, the present FIR was filed.
- The prosecutrix was examined medically at AIIMS hospital and was also provided with counseling. However, it was found that the girl was pregnant. Subsequently, the termination of pregnancy took place on 14th July 2018, after the Court granted permission.
- The girl recorded her statement under Section 164 of CrPC before the Metropolitan Magistrate, Saket Courts on 18th July 2018 and it matched with her statement recorded under section 161 of CrPC. It was noted that there was no discrepancy in any of the prosecutrix’s statements.
- On 10th July 2018, the petitioners were taken into custody. A chargesheet was filed and chargeswere framed.On 3rd May 2021, the application for regular bail by the petitioners was dismissed by the Trial Court. The Trial Court, while rejecting the bail application stated that taking note of the severity of the crime,releasing the petitioner on bail would not be prudent.
- The petitioner claimed parity as a ground for bail as bail was granted to the co-accused Anurag and Ravinder. He further pleaded that after checking the mobiles phone records, no incriminating material was found and the DNA wasalso not found after the forensic analysis. He also brought up the fact that the victim was 4 years late in filing the FIR.
- The counsel for prosecutrix submitted that the bail granted to co-accused Ravinder was not correct as a notice was not issued to the victim as mandated u/s 439(1)(a) of CrPC. The victim was only 13years old when rape was committed by Suraj for the first time.
ISSUE
- Whether there was prima facie evidence suggesting that the accused had committed the crime.?
JUDGMENT ANALYSIS
- The Court took note of the horrific offence committed by the petitioner and the other accused persons whereby the prosecutrix was not only raped but was also subsequently blackmailed for a long period and compelled to have intercourse with the accused persons. This brutalization had generated a sense of fear in the victim’s mind, and as a result, she could not live a normal life for the past 4 years.
- Taking note of the seriousness of the offense, the High Court dismissed the bail application of the petitioners.
- Considering the fact that the victimwas young, the High Court directed the Trial Court to examine the victim within a period of 6 months from the date of the instant judgment. During the trial period, the accused persons werenot supposed to get bail.
- When rape is committed, it not only affects the body of the victim but also damages the person from within. The person gets traumatized. In the instant case, the girl was suffering since the age of 13 years and was also impregnated.
- The petitioner and the accused persons were charged under Sections 376(2), 376(D), 506(ii) read with section 34 of IPC and section 6 of POCSO Act.
CONCLUSION
The mainpurpose of the POCSO Act is to treat minors as a class by itself and to treat them separately because when the minors are harassed, molested or abused, the accused must get graver and stricter punishment.
Rape survivors, after an assault, feel like their body is not their own. They feel that they are at fault and feelings like shame, terror and guilt occur to them. They suffer from mental as well as physical health issues like post-traumatic stress, depression, personality disruptions, anxiety, addiction to drugs and also face attachment issues. Physical health issues from which they suffer are chronic pain, cuts or bruises on their body and sometimes, there can also be fertility issues.
POCSO Act is established to protect children against offences like sexual abuse, sexual harassment and pornography. It was formed to provide a child-friendly system of trial where the perpetrators could be punished. It also makes provisions for avoiding the re-victimisation of the child at the hands of the judicial system. The ultimate purpose of this Act is the well-being of children.
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