HC refuses bail to serial child rapist arrested for raping 11-year-old niece

The court highlighted that the accused was a “habitual offender and poses a serious threat to society, particularly to minor children”. The court added, “The protection of society and potential victims must be paramount in the mind of the Court while considering bail applications in such cases.”

MUMBAI: The Bombay High Court has rejected the bail plea of a 28-year-old serial child rapist from Kharghar, arrested for allegedly raping his 11-year-old niece in the fourth case against him of child sexual abuse.

Gavel and law books (Getty Images/iStockphoto)

Just Amit Borkar the accused’s bail and said that granting him bail would “not only send a wrong message to society but would also jeopardize the safety and security of the victim and the fairness of the trial process”.

The court also noted that if released on bail, the accused, a married man, could commit a similar crime, considering the pattern of similar offences in his criminal history. “The protection of children in society is of paramount importance, and the Court cannot take the risk of releasing an accused person who has demonstrated a propensity for committing sexual offences against minors,” the court said and rejected his bail plea.

According to the Panvel City police, the accused was the paternal uncle of the 11-year-old survivor, and lived in the same building. The girl’s father was arrested in a MCOCA (Maharashtra Control of Organised Crime Act) case and her mother was busy attending his court dates and arranging necessary legal assistance. With the child’s parents busy, the accused allegedly began sexually assaulting the child when she was 8-years-old.

The case came to light when in November 2021, the survivor’s brother reached home one day and found the accused of assaulting her. He immediately informed his mother, who then reported the matter to the police, and the accused was arrested and booked under relevant sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.

The accused first approached the special POCSO court for bail, pointing out the long pre-trial incarceration. When his bail plea was rejected, he then approached the high court. The high court too rejected his bail plea after noting that he had a criminal history of three similar cases against him. “This fact is extremely significant and demonstrates that the applicant has a history of committing similar sexual offences,” the court said.

The court highlighted that the accused was a “habitual offender and poses a serious threat to society, particularly to minor children”. The court added, “The protection of society and potential victims must be paramount in the mind of the Court while considering bail applications in such cases.”