The Gujarat High Court on June 29 granted bail to a man accused of raping an eight year old child on grounds of the man not being in a “fit state of mind”, and suffering from “moderate mental retardation”. In judicial custody since 2020, it was the case of the defence lawyer representing the accused that “he is totally disabled and mentally retarded to understand the distinction between the right act and wrong act” and incapable of putting up a defence at the trial before a sessions court, the trial too was stayed by the Gujarat HC in November 2021. Charged under IPC sections 377, 506 (2) and under provisions of Protection of Children from Sexual Offences Act in an FIR lodged at a Surat police station in November 2020, the accused had allegedly inserted needles in the rectum of the survivor and had allegedly threatened to kill the child if the child informed its parents. The court considered the accused's psychiatric evaluation reports and the fact that the trial had been stayed earlier by the Gujarat HC while granting bail.
