An Andheri man accused of raping a young girl was granted bail by the Bombay High Court on Thursday. The judge noted that the man has spinal dysraphism, making him 96% disabled. The prosecution claimed that he overpowered the girl and sexually assaulted her. However, the judge found these claims to be "far-fetched".
The accused was arrested by the Andheri police on October 16, 2023, after the child's mother filed a complaint. He faced charges under the Protection of Children from Sexual Offences (POCSO) Act Sections 4-6, 8 and the Indian Penal Code’s Sections 376(2), 376(2)(n), 354–D, and 506.
In his defence, the accused presented a disability certificate that indicated 96% disability. His advocate argued that a medical test of the girl showed no evidence of penetrating sexual assault, as defined by Section 4 of the POCSO Act. This medical opinion supported the claims.
Justice Sarang Kotwal, who presided over the case, said that the man's physical condition was as supported by medical documents and his disability certificate. The document suggested he could not have physically overpowered the victim.
The court deemed it unjust to keep someone with such a severe disability in custody while the case remains pending. As a result, the accused was granted bail and required to provide a personal bond of INR 15,000 along with one or two sureties in the same amount.
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