Monday, Aug 08, 2022

Bombay HC Rejects Bail Plea Of 75-Yr-Old Man Convicted Of Sexually Assaulting 6-Yr-Old

The perpetrator of such a "sinister" crime does not deserve any leniency, the judge said.

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The Bombay High Court today rejected the bail plea of a 75-year-old man convicted of sexually assaulting a six-year-old girl, saying the perpetrator of such a "sinister" crime does not deserve any leniency.

Often, the victims, particularly those who were minors at the time of the incident, suffer from life-long post traumatic stress disorders, Justice A M Badar said.

Those convicted for cases of sexual assault and such abuse did not deserve any leniency because such crimes cause "inconceivable mental and psychological trauma" to victims, he said.

Justice Badar made the observations recently while hearing a plea filed by a city resident seeking that a trial court order convicting him under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act be suspended.

He also sought that he be released on bail till his appeal against conviction was finally decided.

The man was convicted by a trial court recently for committing penetrative sexual assault on his six-year-old relative, who is a student of standard 1.

The incident came to light after the girl narrated her trauma to her mother and a medical examination confirmed it.

The man, however, approached the HC seeking bail and argued that he had been falsely implicated in the case by the girl's mother, who had a personal grudge against him.

He said there was a pending case between him and the victim's mother under the Motor Vehicles Act and this showed that there existed previous grudges and conflict between them.

The man also cited his old age and sought the court's leniency.

Justice Badar, however, rejected his argument saying, "The mental and psychological trauma of such sexual assault is inexplicable and troubles the minor female child throughout her life resulting in depression, anxiety and post traumatic stress disorder."

"Sexual abuse and such crime, especially against minors, is a particular sinister type of crime. It causes trauma because of the shame it instills in the victim which lasts throughout the life," he observed.

"Therefore, the fact that the appellant (the man) was on bail throughout the trial, or his old age pales into insignificance. His age and plea for leniency become irrelevant and bail is denied," Justice Badar said.