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While hearing a petition, the Bombay High Court said that as the accused is handicapped, it does not seem possible for him to force and sexually abuse the girl. The High Court has granted bail to the accused.
Ankit Ojha Hindustan TimesSun, 22 Sep 2024 12:49 AM Share
The Bombay High Court has granted bail to the handicapped accused of raping a minor. The accused suffers from spinal dyspnea and is 96 percent disabled. The defense told the court that due to the type of disability the accused is suffering from, it is not possible to believe that he would have forced and sexually assaulted the girl. The accused is a resident of Andheri.
While granting bail, the single judge bench of Justice Sarang Kotwal said, prima facie the claims of the petitioner are not fully correct from the physical condition of the accused and the documents presented along with the original disability certificate. The bench said that there is no point in keeping a 96 percent disabled person in judicial custody during the trial and hearing. After this, the court released the accused on bail on a personal bond of Rs 15,000.
The accused was arrested on October 16, 2023. A case was registered against him with the Andheri police under sections 376 (2), 76 (2) (n), 354-D and 506 of the IPC. Sections 4, 6 and 8 of POCSO were also included in it. The mother of the minor girl had filed a case against him. The woman had alleged that the accused forced himself on her daughter and sexually abused her.
The accused presented his disability certificate in the court which proved that he was 96 percent disabled. Apart from this, the lawyer also said that the minor girl was medically tested. No physical relationship was confirmed in it. Looking at this, the court said that sexual abuse seems far-fetched for such a disabled person.
