Prayagraj Revision: Denies the guarantee to ‘Baba’ (Sage), accused of raping a little girl, the High Court of Allahabad recently observed that “a rapist did not only violate the personal integrity of the victim, but also left signs that were indelible to his soul.
It is a crime against the entire community and not only against an individual.
“Refusing the Guarantee Application from one BHOOTNATH from FATEHPUR UP, Justice Sanjay Kumar Singh observed,” In this case, a poor girl was extinguished by the defendant.
Action of sexual attacks induces trauma and horror For every girl or apart from its social position in the community.
In fact, the crime not only against the victim, it opposes the entire community too.
This demands only the decision of the court and demand, the court is bound to respond in legal parameters.
“The court added that due to incidents Like that, faith and trust decrease.
The first information report (FIR) was submitted by one Sonkar Keshlal below section 363 (kidnapping) IPC against unknown people who accused Inter Alia that on June 1, 2019, at around 4:00 a.m., his little daughter came out but did not return but did not return home.
He recovered one month later from the ownership of the Petitioner, BHOOTNATH aka RAMDAS aka Babaji, from Jamnagar, Gujarat with the help of the local Jamnagar police.
The applicant was arrested on July 2, 2019, and after getting transit detention, he was brought and produced on July 5, 2019, before the DistrictEhpur District Court was concerned.
In his statement, the victim had stated that he had been forcibly persuaded by the applicant and also made accusations of rape against applicants.
He also stated in his statement that the Petitioner first gave him some medicine, because he used to fall asleep.
It was also alleged by the victim that the defendant had also defeated him.
After that, part 376 (rape), 323 (injured) IPC, and 3/4 protection of children from the Act of sexual violation (Pocso) was added by investigative officers in a criminal case.
The prosecution argued that the applicant met the victim’s family member.
He is a wise person and is not expected by wise people to commit cruel crimes with a girl, who has respect and faith in him.
It was delivered by advisors for the applicant that according to the victim’s medical examination report, he was around 18 years old and the victim had developed a prohibited relationship with the applicant and thus, he was a party that agreed with the applicant.
Refuse the Petitioner’s advisor’s request, the court noted that in accordance with Part 2 (1) (d) Pocso Law, ‘Child’ means anyone under the age of 18 years and that in this case, the cruel crime of kidnapping and rape has been carried out with a child / The woman by the defendant, who was a wise (Baba) was around 50 years old and was known to the victim’s father and used to visit his house, therefore, he had to suffer because of his consequences.
Responding to the argument that he was a party that agreed, the court observed, “a child / female, who is a victim of sexual violence, not the legs of hand for crime, but is a victim of other people’s passions and therefore, he statement does not need to be tested at this stage The same suspicion with the accomplice.
“The court passed this order on August 26.