By Tanishka Shah

The Bombay High Court, in a recent ruling, denied the bail plea of a man accused of raping his minor cousin, who later committed suicide. The case, which involved charges under Sections 305 and 354 of the Indian Penal Code (IPC) and Sections 8, 12, and 18 of the Protection of Children from Sexual Offences (POCSO) Act, drew significant attention due to the gravity of the allegations and the sensitive nature of the victim’s circumstances.

The prosecution’s case began with the discovery of a suicide note left by the 14-year-old victim, which directly blamed the accused for her taking such an extreme step. The note also detailed how the victim felt unsupported by her family when she attempted to disclose the accused’s behavior, with her concerns being dismissed or mocked. A forensic handwriting analysis confirmed the authenticity of the note, which became pivotal evidence.

The accused, who had been in custody since March 12, 2023, sought bail on the grounds that the victim’s family, including her mother, had not supported the allegations during the investigation. The victim’s mother even filed an affidavit stating she had no objection to the bail being granted since the accused was her nephew. The defense argued that the evidence, including the suicide note, did not conclusively establish the ingredients required for a charge under Section 305 of the IPC.

However, the Additional Public Prosecutor contended that the victim’s note and supporting evidence highlighted the accused’s role in creating a hostile and unbearable situation for the minor. The prosecutor emphasized that the victim’s age and the betrayal of trust within the family dynamics made the accused’s actions even more reprehensible.

The Court while rejecting the bail application, underscored the emotional and psychological toll on the victim, noting that she was at an impressionable and vulnerable age. The court observed that the victim explicitly held the accused responsible for her plight, as she felt abandoned by her family and trapped in her circumstances. Highlighting the seriousness of the allegations and the need for justice, the court denied bail but directed the trial court to expedite the proceedings to ensure timely resolution.

The judgment reiterates the judiciary’s commitment to addressing crimes against minors under the POCSO Act and ensuring accountability in cases involving significant mental and emotional harm to victims.