In an interesting case, two separate benches of the Gujarat High Court have granted bail to a man, charged with kidnapping and rape of a minor girl, and his parents, who have been booked for wrongful confinement of the girl for almost two years. The high court also took the trial court in Himmatnagar to task for "not applying its mind" and believing in the "cock-and-bull story" of the victim-girl, while rejecting their bail pleas. It held that a bare perusal of the FIR and the statement of the girl, who was about 15-years at the time of the incident, represents a cock-and-bull story, which is "hard to digest".

Victim's version of the story

As per the victim's statement, since her father was not inclined to get her engaged to Rakesh (name changed), she, having developed a relationship with him, eloped and went to his house. Being a minor, Rakesh's parents were not ready for the marriage and took her to a women police station in Mehsana, which sent her back to her home. She again eloped after 5 days and went to Rakesh's home. They moved to Ratlam for a few months, started cohabitating together, and allegedly entered into a physical relationship, before returning to Rakesh's home in Vadu village.

The victim has also claimed in her statement that she, somehow, got an opportunity to contact her mother through Rakesh's mobile, who came to Vadu. However, she was not allowed to meet her. Three-months later, Himmatnagar police came to Vadu looking for her, but could not find her as she was taken to an old-house used for cattle breeding for some work. She was taken to Surat the next day where Rakesh had got a job and she was confined in a house. A month later, Rakesh's parents came and started living with them. She claimed that one fine day when Rakesh had left for work and his parents also left by shutting the door, but luckily wind blew the door open and she escaped.

Victim's parents must have exerted pressure

The court remarked: "The cock-and-bull story persuades this court to nurture a doubt about the exertion of pressure by her parents upon her in order to keep her away from the accused and his family. Normally, this court would not, in detail, narrate the prosecution story in a bail application, but when the serious loopholes in the story with the aforesaid interesting facts were noticed, this court could not resist mentioning the relevant facts making out the case for bail".

Loopholes pointed out by court

• 1. Victim's statement makes it clear that Rakesh's parents were not ready for marriage because she was minor. Thus, prima-facie, they do not have a "guilty mind".
• 2. The victim was taken to Ratlam, where she was not under the confinement of Rakesh's parents.
• 3. Victim's mother reaches Vadu after being informed by her over phone and leaves after not finding her. Strangely, she did not seek help from the local cops. When her daughter is in confinement of strangers, a mother will also not rest silently for three months.
• 4. Vadu is a small village. Police from Himmatnagar which came looking for her could not find her and returned, a fact that the court is unable to digest.
• 5. Persons with a guilty mind will never place somebody in their confinement in such a way that even the slightest wind would open the door.
• 6. The girl stayed with the victim and his family for two years and despite enough opportunities to escape, she did not do so.