Delhi HC refuses bail to maulvi accused of sexually assaulting minor girl

New Delhi [India], May 7 : The Delhi High Court has refused to grant regular bail to a Maulvi, accused of sexually assaulting a minor girl under the guise of spiritual healing and treatment for alleged "jinn possession."

The court observed that the allegations against the accused were grave in nature and prima facie indicated that he had exploited the vulnerable condition of the victim and the faith reposed in him by her family.

Justice Swarana Kanta Sharma passed the order while hearing the accused's bail application in a case registered at Police Station Prem Nagar under Section 376 of the Indian Penal Code and relevant provisions of the POCSO Act.

According to the prosecution, the prosecutrix had been suffering from health-related issues for several years. Her family allegedly came to believe that she was under the influence of an evil spirit or "jinn." Acting on the advice of a relative and local acquaintances, the family approached the accused, who projected himself as a Maulvi and faith healer capable of curing such conditions through spiritual practices.

The prosecution alleged that the accused started visiting the victim's house regularly in the name of treatment. During one such visit, he allegedly asked the victim's family members to leave the room, claiming that the process of removing the spirit required privacy. It was alleged that he then told the minor girl that the "jinn" inside her body could only be removed through obscene acts and thereafter sexually assaulted her.

The complaint further stated that the accused allegedly threatened the victim and warned her against disclosing the incidents to anyone. However, the prosecutrix later narrated the ordeal to her mother, after which the matter was reported to the police and an FIR was registered.

While seeking bail, counsel appearing for the applicant argued that the accused had been in judicial custody since October 2019 and that the trial had substantially progressed. It was submitted that major prosecution witnesses, including the prosecutrix and her parents, had already been examined before the trial court. The defence also contended that there were material contradictions and inconsistencies in the statements of the witnesses, which weakened the prosecution's case.

Opposing the plea, the State argued that the allegations involved repeated sexual exploitation of a minor girl by taking advantage of the blind faith and vulnerable condition of the family. The prosecution submitted that the testimony of the prosecutrix clearly supported the allegations made in the FIR and that the seriousness of the offence did not warrant the grant of bail at this stage.

After examining the record, the High Court noted that the prosecutrix had supported the prosecution's case in her statement recorded under Section 164 CrPC as well as during her testimony before the trial court. The Court observed that the material on record prima facie reflected misuse of trust by the accused, who allegedly portrayed himself as a spiritual healer.

The Court further held that questions relating to contradictions in witness statements and the reliability of evidence could not be examined in detail at the stage of deciding a bail application, as such issues would ultimately be assessed during the course of the trial.

Refusing to grant bail, the High Court observed that the trial was already at an advanced stage and the prosecution's evidence was nearing completion. However, considering the period of incarceration undergone by the accused, the Court requested the trial court to make efforts to expedite the proceedings.

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