Bombay High Court denied bail to a man accused of repeatedly raping a girl since she was 10.
The Bombay High Court has denied bail to a man accused of repeatedly raping a girl since she was 10 years old, noting that the survivor has become a "nymphomaniac" due to the ordeal of the horrendous crime.
A single bench of Justice Prithviraj Chavan in the judgment on Monday, while dismissing the bail plea filed by the accused, said the crime is not only shocking to the conscience of a prudent man but also obnoxious.
The high court in its order verbatim quoted the 27-page diary written by the survivor describing her ordeal and said "words will fall short to describe her mental, psychological and physical state and the impact of the ordeal she had undergone at the hands of the accused."
"The crime alleged to have been committed by the applicant is not only shocking to the conscience of any prudent man but is also obnoxious. Due to such horrendous crime, the survivor has turned out to be a nymphomaniac," the high court said.
The parents of the survivor claimed the accused and his wife took advantage of the fact that the girl's father was working in Dubai.
They claimed that they learnt of the crime only when they discovered the survivor's diary from her room in 2021, when she was 17 years old.
The girl had eloped with a boy following which her parents had rummaged through her room.
In the diary, the survivor claimed the accused man started raping her since she was in the 4th standard and his wife was aware of it.
She had claimed that the accused used to give a tablet that would apparently sexually arouse her.
The girls' parents, after going through the diary, lodged a police complaint against the man and his wife in 2021.
The wife was granted bail by a special court. But the man's bail was rejected, following which he approached the HC seeking bail.
The high court noted that the wife of the accused had intentionally aided and abetted the illegal acts and appears to be equally guilty.
The high court bench also noted that as per the girl's diary, she informed about the alleged rape to her mother long back but due to social stigma, the latter had not taken any action.
In most cases, sexual abusers are persons well known to the child, the high court observed.
The high court said granting bail to the accused would tantamount to further aggravating and festering the survivor's wounds which are still fresh in her mind, body and soul.
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