Man arrested for rape of toddler granted bail by Bombay HC

According to the police complaint filed by girl’s mother, on November 2, 2020, the toddler was repeatedly urinating in her clothes. When she inquired into the matter, the mother came to know that the accused had taken the toddler to his house, removed her undergarment and inserted his finger in her private part.

Advocates Arun Kumar Barthakur and Sumit Khire, appearing for the accused, said that there are a lot of contradictions and omissions in the statement of the witnesses. They added that during medical examination of the girl, no injury was found in her private part.

Advocate A R Kapadnis, representing the state government, and advocate Dhruti Kapadia, appointed by legal aid to represent the mother, told HC that the accused was involved in the serious offence of penetrative sexual assault and considering its nature, he should not be released on bail.

Justice Borkar held, “It appears that the victim was medically examined and except tenderness, no other injury was found on the private part… Prima facie, therefore, case appears to be of sexual assault and not penetrative sexual assault. The applicant is in jail for more than two years. I am therefore inclined to release the applicant on bail.”