Delhi HC Denies Bail to Man Accused of Raping, Killing Minor Lured with ‘Namaz’ Class

The Delhi High Court recently denied bail to Rajab Ali Khan, accused of raping and murdering a minor girl after luring her to his home on the pretext of offering Namaz tuition classes.

A bench led by Justice Swarana Kanta Sharma observed that the post-mortem report clearly pointed to repeated and violent sexual abuse committed by the accused.

“This Court also notes that the post-mortem report provides clear medical evidence of repeated sexual assault. Genital injuries, including vaginal and anal tears and ecchymosis, were noted, consistent with violent and repeated sexual abuse. The timing and nature of the injuries also align with the timeline of the victim’s disappearance and the subsequent events,” the court held.

Finding prima facie evidence against the accused, court said, “The prima facie strength of the material, including forensic, electronic, medical, and documentary evidence, weighs heavily against the grant of bail to the applicant.”

The case arose after information was received about the disappearance of a minor girl who had gone for Namaz tuition classes. As per the prosecution, when the girl didn’t return home, the family began searching for her and approached her tuition teacher, Ruksaar Afsar, and her husband, Rajab Ali, who claimed that the girl had left their home and denied any involvement.

However, the prosecution alleged that during interrogation, Ruksaar disclosed that her husband, Rajab Ali, in connivance with her, had committed the murder of the minor girl. It was further stated that Rajab had developed a liking for the girl and had asked his wife to facilitate his proximity to her. Ruksaar, who was eight months pregnant at the time, began calling the girl to their home for tuition. According to Rajab, his wife's pregnancy was one of the reasons he sought to fulfil his desires elsewhere.

It was alleged that the accused administered sleeping pills to the girl and subjected her to repeated, violent sexual assault. When he noticed her deteriorating condition, he allegedly murdered her by smothering. He is further accused of disposing of the body in a remote area and attempting to destroy incriminating evidence.

Before the high court, Advocate Anurag Jain, appearing for the accused, contended that there is no incriminating material on record sufficient to establish even a prima facie case against the accused.

Opposing the plea, APP Manoj Pant, representing the State, argued that the circumstantial evidence and the chain of circumstances are not only complete, but the FSL report also corroborates the prosecution’s case, further pointing towards the guilt of the present accused.

After hearing the submissions of all parties, the high court at the outset noted that this was the 12th bail application filed by the applicant and the role attributed to him was not only central but also indicative of premeditated and heinous conduct.

Noting that the evidence against the accused was tight and coherent, the high court observed that the victim was last seen entering the accused’s house. The judge further recorded that CCTV footage captured Rajab Ali carrying a suitcase near the area where the body was later found.

The single-judge bench, therefore, emphasised that Forensic Science Laboratory (FSL) Rohini confirmed items recovered from the dumping site matched those seized from the accused’s residence, all pointing towards his direct and active role in the alleged offence.

“Thus, for the reasons stated in the preceding discussion, and in view of the gravity of the allegations, the heinous and brutal nature of the offence, and the strong prima facie material linking the applicant to the commission of the crime, this Court finds no ground to grant bail to the applicant at this stage,” the court said.

Court accordingly dismissed the bail application.

For Petitioners: Mr. Anurag Jain, Mr. O.P. Agarwal, Mr. M.K. Khan And Mr. Aman Mirza, Advocates.

For Respondents: Mr. Manoj Pant, APP for the State, along with SI Anugraha.

Case Title: RAJAB ALI KHAN versus STATE OF NCT OF DELHI

Read the judgment here: