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Synopsis

The Bombay High Court has recently rejected the bail application of 73-year-old Mhatre who was convicted of raping a 23-year-old retarded girl.

A single-judge bench of the high court comprising Justice MM Sathaye was hearing a petition filed by Bhalchandra Shankar Mhatre who was convicted of raping his maid’s child.

Mhatre was arrested in 2017 and has been in custody since then. On 2nd November 2023, the appeal was admitted by the high court.

The victim was working as a maid at the house of Mhatre for 4 years before the incident. On the day of the incident, the wife of the applicant was not in the house. When the victim was cleaning a loft, Mhatre committed rape on her twice.

Mhatre contended that there are discrepancies in the evidence about the proper collection of samples from the Applicant for DNA test. He added that he is 73 years old as of today, suffering from diabetes and high blood pressure and he has already suffered detention for about 7 years and 8 months.

The prosecution contended that a child was born to the victim and the DNA test conducted on the Mhatre has conclusively proved that the Applicant is the father.

After considering the medical evidence the bench said that it is established that the Mhatre is the father of a girl child born to the victim.

Therefore, while rejecting the bail application the bench said “There is material to indicate prima facie, that attempts were made to hush up the incident and get rid of the pregnancy. Though the victim was 23 years old at the time of incident (based on birth certificate Ex. 100), she has been found to be mentally retarded and her IQ has been found to be 42% as per psychiatrist report Ex. 69. Therefore prima facie, consent aspect is not material,” the order states.

Case title: Bhalchandra Mhatre vs State of Maharashtra