THANE: A special court here has rejected the bail plea of a man who was arrested for gang raping a 15-year-old mentally challenged girl in
Bhiwandi along with one other.
The court took serious view of the fact that as the victim is mentally disabled and hence it is more serious offence and does not deserve relief.
The special judge SC Khalipe in her recent order rejected the bail plea of the accused Mohammad Ali aka Sahil Husain Saiyyad, who was arrested by the Shanti Nagar police station for the offence on various charges of rape as well as kidnapping and various section falling under Prevention Of Children From Sexual Offences Act 2012 (POCSO).
It was on July 15, 2016, a fare was going on in the Bhiwandi’s Mumtaz Nagar area. The accused and one other lured the 15-year-old minor girl for having Vada Pav. The accused and one Mushtaq Shaikh took her on bike, fetched the
Vada Pav en-route from an eatery and raped the girl at his rented apartment. She disclosed about the incident to her mother and an offence was registered at Shanti nagar police station. Subsequently, the duo was arrested and Saiyyad moved the bail plea for relief.
The accused in his plea sought the bail on the grounds that he was falsely implicated in the case. Also, he stated that there was no independent witness and the medical examination report of the victim is not supporting the prosecution case. Apart from this, the victim is not mentally fit so considering all these aspects it is submitted that the investigation is completed.
On the other hand, the prosecution vehemently opposed the bail plea and stated that the offence is very serious in nature and the accused if let off on bail may temper with the prosecution witnesses and should not be given relief.
After hearing arguments from both the sides, the judge in her order noted, “The victim is 15-years-old and mentally disabled and accordingly strong prima facie case made out. There is no previous contact, no love affair, no mitigating circumstances. The medical certificate is supported to the prosecution case. The victim has stated the name of accused in her statement before the police and before the magistrate court.
The role of both the accused is made clear.” The judge further pointed out, “The victim is mentally disabled and therefore, it is more serious offence. The victim is only 15 years old, but her mental age is 12 years. So under such circumstances the accused have taken benefit of her mental condition and committed gang rape upon her hence it is more serious and the accused does not deserve bail.”
