The Delhi High Court has dismissed a bail application filed by a self-proclaimed faith healer and maulvi accused of sexually assaulting a 17-year-old girl in 2019. The court observed that the accused allegedly exploited the “blind faith” of the victim’s family and took “undue advantage” of the minor’s vulnerable state under the pretext of performing a spiritual cure.
The matter originated in 2019 when the family of the survivor, who was suffering from a prolonged illness, sought the help of the accused. Believing the girl was under the influence of an “evil spirit” or “jinn,” the family reposed their trust in the applicant for spiritual healing.
According to the prosecution, the accused visited the survivor’s residence and insisted on treating her in isolation. He allegedly convinced the minor that the “jinn” could only be exorcised through obscene acts, following which he sexually assaulted her. Consequently, an FIR was registered under Section 376 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act.
Justice Swarana Kanta Sharma, while presiding over the matter, took a stern view of the allegations. The court noted that the material on record prima facie suggested the accused misused his position to exploit a child who was already physically and mentally unwell.
“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 observed in its order.
The bench further emphasized that the accused appeared to have leveraged the family’s vulnerability and their “blind faith” to commit the alleged offense.
Regarding the plea for bail, the court highlighted that the trial is currently at an advanced stage. Citing Supreme Court precedents, Justice Sharma noted that courts should generally refrain from entertaining bail pleas in rape cases once the trial has commenced and the examination of prosecution witnesses is underway.
The accused had argued that the testimonies of the survivor and other witnesses were unreliable. However, the High Court maintained that the veracity of these statements is a matter of trial and cannot be used as a ground for bail at this juncture.
“In view of the nature and gravity of the allegations, the material placed on record, and the stage of the trial, this Court does not find any ground for grant of bail to the applicant,” the order stated.
While the court denied the relief, it took note of the fact that the accused has been in custody for over six years. Balancing the rights of the accused with the gravity of the crime, the High Court directed the trial court to expedite the proceedings to ensure a timely conclusion of the case.
