Delhi HC denies bail to maulvi accused of raping 17-yr-old on pretext of exorcism

New DelhiThe Delhi High Court has denied bail to a maulvi, who is accused of raping a 17-year-old minor by allegedly claiming the girl was under the influence of an evil spirit and it could only be exorcised through obscene acts

New Delhi

The maulvi contended that he has remained in judicial custody since October 10, 2019. (Representative photo)

The Delhi High Court has denied bail to a maulvi, who is accused of raping a 17-year-old minor by allegedly claiming the girl was under the influence of an evil spirit and it could only be exorcised through obscene acts.

A bench of justice Swarna Kanta Sharma, in her April 29 verdict that was released later, said that the man exploited the minor victim’s vulnerable physical and mental state, along with her family’s blind faith in his spiritual healing. Rather than curing her illness, he allegedly abused her trust to assault her under the pretext of treatment, she said.

“This court is of the view that the material placed on record prima facie reflects that the applicant took undue advantage of the vulnerable physical and mental condition of the prosecutrix as well as the blind faith reposed in him by her family. The prosecutrix was a young girl suffering from illness, and both she and her family were made to believe that the applicant could cure her through spiritual treatment. Instead of providing any such help, the applicant allegedly misused that trust and exploited the prosecutrix under the guise of treatment,” the court noted.

In his bail plea argued by advocate Sumit Sharma, the maulvi contended that he has remained in judicial custody since October 10, 2019, for over six years, which, according to him, violates his fundamental rights to personal liberty and a speedy trial. He submitted that the investigation was completed, the charge sheet filed, and the material witnesses in the case examined. He further argued that the victim’s testimony was unreliable and unworthy of credence, and that the statements of the material witnesses contained several inconsistencies.

The Delhi Police, represented by additional public prosecutor Naresh Chahar, opposed the plea, highlighting the grave allegations of repeated sexual assault of the minor. He contended that the man exploited her vulnerability and her family’s blind faith in his ability to exorcise an evil spirit. Under the guise of spiritual treatment, he isolated and assaulted her. He contended that given the severity of the offence and the trial’s advanced stage, no grounds for bail existed.