Allahabad High Court denied bail to a 62-year-old man accused of raping a 3-year-old

CASE: Sunil vs State of U.P. 

COURT: Justices Saurabh Shyam Shamshery

Section 376 of the Indian Penal Code and 5/6 of the Protection of Children from Sexual Offences Act, 2012 

Yesterday, the Allahabad High Court denied bail to a 62-year-old man who is accused of raping a 3-year-old child, as narrated by the victim in words and signs. The court observed that it was prima facie (based on the first impression) evidence that the accused had committed rape on an infant who has not even started speaking properly yet.

The case was filed by the father of the accused in the district court under Section 376 of the Indian Penal Code and 5/6 of the Protection of Children from Sexual Offences Act, 2012. The accused was working as a carpenter at the time, in the house of the victim, and committed such a heinous offense after disagreements over wages. The Additional Sessions Judge had rejected the bail application of the accused. Subsequently, the accused challenged this order in the High Court where it was again rejected. The court observed that it is prima facie evidence that the applicant has committed an inhuman act of rape on a minor girl as communicated by her words and signs. 

Additionally, the medical reports have also shown that the victim's hymen was torn and there was evident swelling on her private parts, such an applicant is not entitled to bail.