High Court Denies Bail to 65-year-old Accused of Sexually Abusing a Disabled Woman

The Kerala High Court on 9th of November declined bail to a 65-year-old petitioner accused of sexually abusing a disabled woman.

Background:

The petitioner, John William is the second accused held in the crime registered under sec.376 (2) (i) (n) and sec.419 read with sec.34 IPC.

The first accused had brought the victim to the rented flat of the petitioner on the pretext of available infertility treatment. The victim stayed there with the petitioner. Both accused sexually abused her for four days.

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Submissions by the Parties:

  • The counsel for the petitioner stated that there was a delay in filing the complaint and that an offence under sec.376 against the petitioner is merely a presumption. The petitioner was ready to abide by any conditions of the court if bail was granted.
  • On the other hand, the public prosecutor opposed the bail application stating that the victim is mentally retarded and there was 40% disability mentioned in the First Information Statement as well. Also, the petitioner was arrested recently on 15th November 2020 only.

Decision of the Court:

The Hon’ble Judge P.V. Kunhikrishnan opposed the bail application stating that the allegations against the petitioner were serious, that he under the pretext of treatment abused the victim. The matter was still open for investigation.

Story by Sai Kulkarni-Intern

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