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Advocate Bablu Jumman Shaikh, representing Khan, argued that there were two unsuccessful attempts to secure bail in the trial court, and Khan has been in jail for about 4½ years
The Bombay High Court recently denied bail to a man accused of raping a minor while observing that if there was real love, the man would not have attempted to destroy the child.
“Since the victim was below 18 years, he has been rightly prosecuted for the offences under the provision of POCSO Act also. Had there been real love with the victim, applicant would not have destroyed his own baby,” the order reads.
A single-judge bench of the Bombay High Court, led by Justice PK Chavan, heard the bail plea of Arif Junail Khan. Khan was booked under the Indian Penal Code and the Protection of Children from Sexual Offences Act 2012.
The case against Khan was registered by a Police Sub Inspector after receiving information on 28th August 2019 that a person was disposing of a premature foetus.
After reaching the spot, the sub-inspector noticed that the crowd was assaulting Khan because of having illicit relations with the minor girl.
It was alleged that after the said illicit relationship, Khan gave her abortion pills which caused a miscarriage. After the miscarriage, Khan attempted to dispose of the premature-born foetus and was caught red-handed.
Subsequently, a crime was registered by the police, the investigation was conducted and a charge sheet was filed.
Advocate Bablu Jumman Shaikh, representing Khan, argued that there were two unsuccessful attempts to secure bail in the trial court, and Khan has been in jail for about 4½ years.
Shaikh further added that since Khan was in love with the victim, he did not commit any offence, as the victim was 17 years and 6 months old at the relevant time.
The Additional Public Prosecutor AA Palkar and Advocate Seema Bithane, representing the victim, opposed the bail application.
The bench recorded that, Khan not only did an act to intentionally prevent the birth of a premature foetus but also attempted to destroy the evidence.
“It is apparent from the record that the applicant not only did an act to intentionally prevent birth of a premature fetus but also attempted to destroy the evidence by taking the fetus for burying. The act of the applicant precisely attract Section 315 and 318 of the Indian Penal Code apart from Section 376(2)(j)(n) of the Indian Penal Code r/w Section 6 of the POCSO Act,” the order states.
Accordingly, the high court denied bail to Khan.
Case title: Arif Jainul Khan vs State of Maharashtra & Anr
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