New Delhi, May 6 The Delhi High Court has refused to grant bail to a self-proclaimed faith healer who allegedly sexually assaulted a minor girl on the pretext of spiritual treatment.
Justice Swarana Kanta Sharma dismissed the bail application by the accused, who claimed to be a maulvi and a faith-healer, observing that in view of the nature and gravity of the allegations, the material placed on record and the stage of the trial, there was no ground to give him any relief.
The case dates back to 2019, when the family of the 17-year-old survivor, who was unwell, took her to the accused because they believed she was under the influence of an evil spirit or jinn.
Subsequently, the applicant came to the survivor's residence and allegedly insisted on treating her alone, telling her that the jinn could only leave her body through obscene acts and then sexually assaulted her.
An FIR was registered against the accused under Section 376 (rape) of the Indian Penal Code and Section 4 (penetrative sexual assault) of the Protection of Children from Sexual Offences Act.
In the judgement, the court opined that the material on record prima facie reflected that the accused took undue advantage of the survivor's vulnerable physical and mental condition, as well as the blind faith her family reposed in him.
"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 an order passed on April 29.
"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. Accordingly, the present bail application is dismissed," it stated.
The court observed that the trial was at an advanced stage and the Supreme Court has ruled that ordinarily, the courts should not entertain bail pleas in rape cases once the trial has commenced and the prosecution starts examining the witnesses.
Considering that the accused had been in custody for more than six years, the high court asked the trial court to expedite the trial.
It also said that the accused's claim that the testimony of the survivor and other witnesses was unreliable would be tested at trial.
