New Delhi, Aug 4 (PTI) The Delhi High Court has refused to grant bail to a man, accused of raping and killing his eight-year-old cousin, saying a relationship of trust between cousins was exploited in a “brutal” way.
Justice Girish Kathpalia’s August 1 judgment further noted public outcry and media coverage of the incident couldn’t get the gravity of offence diminished.
“At the stage of bail, the court cannot minutely examine the evidence on record. The broad picture recorded above shows the gruesome manner in which an eight year old girl was raped and killed, that too by her own cousin,” the order said.
The court said the offence under Section 6 (aggravated penetrative sexual assault) POCSO Act was punishable with rigorous imprisonment for minimum term of 20 years which may extend to life imprisonment.
The provision under Section 6 of the act not just fixes the minimum punishment as rigorous imprisonment for 20 years, the order said, but further stipulates that life term shall mean imprisonment for the remainder of natural life of the convict.
Of course, the other offence being under Section 302 (murder) IPC is punishable with death as well, the court added.
“It is not just the grave consequences of the offences alleged against the accused. One also cannot ignore that a relationship of trust between the cousins was exploited by the accused and in a such brutal manner,” Justice Kathpalia said.
The man was booked in April 2016 on the statement of the minor girl’s father, who said she had gone missing while playing outside her house after what seemed like a kidnapping.
During the investigation, the police learnt the girl was last seen with her cousin and the next day, a girl child’s body was recovered behind a cremation ground in Uttam Nagar area.
The body was identified to be of the victim and the accused was arrested subsequently.
The man sought bail arguing he was framed owing to public pressure and media trial.
Saying he had been in jail for over nine years, the accused said he couldn’t be confined indefinitely.
The prosecutor opposed the plea saying despite the COVID lockdown and other factors, four of the 20 prosecution witnesses were examined with all of them supporting the police’s case.
He also referred to the DNA profiling, which reflected DNA of the accused on the body and clothes of the girl.
The high court said prolonged incarceration was certainly a ground to release the accused on bail, but not the solitary ground.
“The court has to keep in mind various judicially sanctified parameters, including the nature and gravity of the alleged crime and the material on record to support the same,” it said. PTI SKV SKV AMK AMK
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