Srinagar: The High Court on Wednesday denied bail to a man accused of attempting rape on a 5-year-old girl.
Dismissing the bail application of accused, Imtiyaz Ahmed Bhat, Justice MK Hanjura said the petitioner has not referred to any material as would lead the court to believe that there has been a change in the circumstances from the date of the bail application rejected by the trial court.
In the police complaint filed by the victim’s father, the five year old had gone to purchase bread from the accused, a baker in Ganderbal.
Bhat, allegedly closed the door of the shop and caught hold of the child and attempted to rape her.
At that juncture, some customers assembled there and saved the girl.
In her statement recorded under section 164 cr. P. C. the girl has stated that she was sick and not go to her school on the day (April 16, 2017).
She was sent by her to get bread from the baker. There was no one near that shop.
The accused took her into the shop, closed the door of the shop and allegedly removed her trouser. The accused also removed his trouser and started moving his fingers up and down her vagina. At that juncture some persons arrived there and they took an objection to what he was doing.
The court while hearing the case said, “The statement of the girl child recorded under section 164-A Cr. P.C. sends shivers down the spine of everyone. The accused, an adult blessed with children, in moving his fingers up and down the private part of a small child has tried to rip away and steal her tender years.”
“The behaviour of the accused has virtually caused her to lose the innocence of her childhood. The crime attributed to the accused is an abominable one. It is repugnantly hateful, detestable, abhorrent, atrocious, heinous and horrid. It is a beastly and a contemptible act. It has shaken the conscience of the society as a whole,” the court said.
The court remarked that the accused was of the age of her father and he tried to abuse her sexually. The statement of the girl child projects a tale of woe. It portrays the element of human degradation. This statement on the face of it describes that the act of the petitioner is heinous, obnoxious, grave and horrid. Therefore, the petitioner does not deserve to be enlarged on bail taking into consideration the facts and the circumstances of the case.