HC denies bail to rapist of mentally challenged minor girl

Benglauru: The Karnataka High Court (HC) has denied bail to a 27-year-old from Bagalkot accused for raping a mentally challenged minor girl in October 2016. The police had documented the case under IPC and POCSO Act based on a complaint held up by the girl’s mother. 

The mother had left the young girl alone at home to go to a funeral. When she returned at midnight, she heard her daughter shouting from inside the house, which was locked from inside. She looked for assistance from her neighbors, the accused turned out for the house, as yet getting his pants on. 

Seeing the group, he pushed the mother aside and fled. 

After a police complaint was filed, the accused was arrested immediately. The restorative examination uncovered no outer or inner wounds on the victim. The victim recorded her statement before the judge who had recorded that the victim mentally ill and unfit to give her announcement. The HC said that the fact that the rape was on a mentally challenged girl aggravates the sexual offence. The HC also said that physical injury is not the sole determinative fact in a case of sexual assault.

“Having respect to the way that the indictment has construct its case in light of the visual declaration of the complainant and in addition different neighbors who had quickly observed the accused associated with the said offense, in my view, this is not a fit case to admit the petitioner to bail at this stage,” ruled the HC.