Bombay High Court emphasizes the gravity of allegations and the impact on the victim’s mental health in rejecting bail application.
Justice Chavan quoted the victim’s harrowing account from her notebook: “I opened up to you and you judged me… kisine bhi mujhe nahi samjha” (No one understood me). The court acknowledged the deep psychological scars left by the accused’s actions, as reflected in the victim’s writings.
The Bombay High Court has denied bail to Mehraj @ Meraj Kaddan Khan, the accused in a grave case involving multiple charges under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. The order, delivered by Justice Prithviraj K. Chavan, underscores the severity of the allegations, which include repeated sexual assault, unnatural sex, and intimidation. The court emphasized the detailed and consistent testimony provided by the victim, highlighting its significant psychological impact.
The case revolves around a First Information Report (FIR) filed by the victim’s father at Amboli Police Station, Mumbai. According to the FIR, the victim, who was 17 years old at the time, had been subjected to ongoing sexual abuse by the applicant since she was in the 4th standard. The victim’s ordeal came to light when her family discovered a handwritten notebook detailing the abuse, which included accounts of forced sexual acts, threats, and psychological manipulation by the accused and his wife.
Gravity of Allegations:
The court noted the particularly heinous nature of the crimes alleged. Justice Chavan remarked, “The crime alleged to have been committed by the applicant is not only shocking the conscience of any prudent man but it is also obnoxious. Due to such horrendous crime, the victim has turned on as a nymphomaniac”. The handwritten notes by the victim, detailing her trauma, played a crucial role in the court’s decision.
Victim’s Testimony:
Justice Chavan placed significant weight on the victim’s testimony, both in her statements to the police and her handwritten notes. The victim described instances where the accused used threats, administered stupefying substances, and coerced her into various sexual acts. The court found these testimonies consistent and credible, despite the delayed reporting of the crimes due to the victim’s and her family’s fear of social stigma and threats from the accused.
The court discussed the principles of granting bail in such serious cases. It emphasized the potential risk of the accused tampering with evidence or intimidating witnesses if released. Justice Chavan observed, “Pre-trial detention of the applicant would be a punishment to him and, therefore, Counsel would pray for grant of bail. However, the gravity of the offence and the detailed account of the victim’s suffering compel this court to reject the bail application”.
Decision – Bail Application Rejected – Held – The bail application is rejected in view of the gravity of the offences and the potential impact on the victim and society [Paras 24-25].
Date of Decision: 29th April 2024
MEHRAJ @ MERAJ KADDAN KHAN VS THE STATE OF MAHARASHTRA AND ANOTHER
