[News18] Allahabad HC denies bail to man accused of raping a 20-month-old child who was sleeping alone

The Allahabad High Court recently denied bail to a man accused of raping a 20-month-old child. Court held the crime to be very serious.

The bench of Justice Brij Raj Singh took note of the medical report which indicated that private part of the victim was ruptured and vaginal bleeding was found.

"...the summary discharge report also indicates that the victim received serious injuries on her private part that is why she was referred for surgery," underscored the court while refusing any relief to the accused.

The order was passed in a second bail application moved by the accused namely Mata Pher Rawat. The accused was facing prosecution for offences under Sections 376 of the Indian Penal Code and Section 5/6 of the POCSO Act. His first bail application had been rejected in September last year.

The counsel for the accused argued that the First Information Report was lodged by the grandfather of the victim and there was no eye witness to the alleged rape.

He contended that the matter at hand was not a rape case as the victim child, who was around two years old, had sustained injuries on her private parts by an iron nail while she was sleeping alone on a cot.

The accused's counsel further alleged that the prosecution's case was not supported by the medical report in which no opinion of sexual assault had been given by the doctor. Moreover, he emphasised that the medical report also did not mention any spermatozoa being present on the body of the victim.

Apart from that, while pressing for accused's bail, his counsel submitted that the case was lodged against him only on the basis of doubt of the mother of the victim, and also he did not have any criminal history.

On the other hand, the prosecution lawyer opposed the bail plea stating that the accused was known to the victim's family and he had committed rape on the sleeping child in the afternoon time when she was alone in the house.

He further highlighted that victim's medical report also indicated that the hymen of the victim was newly ruptured and torn and there was a tear in the vaginal wall along with vaginal bleeding.

Considering the overall facts and circumstances of the case and the records, the court found the case not a fit case for grant of bail. Thus, rejected the accused's second bail plea.

Case Title: Mata Pher Rawat v. State of UP and 3 Others