No Acts & Articles mentioned in this case
1-BA-4297-2021.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.4297 OF 2021
Mehraj @ Meraj Kaddan Khan ] Applicant
Vs.
The State of Maharashtra ]
and another ] Respondents
…..
Mr. Sanjeev Kadam a/w Mr. Sandesh More a/w Mr. Nikhil Kamble,
for Applicant.
Ms. Anamika Malhotra, A.P.P, for Respondent No.1 – State.
Mr. Sudeep Pasbola a/w Ms. Ruchika Ghag, Mr. Shavez Mansoori
and Mr. Sankalp Vichare, for Intervener.
Mr. Abdul Rauf Shaikh, P.I, Nirmal Police Station, Mumbai (I.O)
present.
Mr. Sunil Gomare, P.S.I, Amboli Police Station, Mumbai present.
…..
CORAM : PRITHVIRAJ K. CHAVAN, J.
RESERVED ON : 19
th
APRIL, 2024.
PRONOUNCED ON : 29
th
APRIL, 2024.
ORDER:
1.By this application, the applicant seeks his release on bail
under Section 439 of the Code of Criminal Procedure, 1973 (for
short “Cr. P.C”), who is being prosecuted by
Amboli Police Station,
Mumbai in connection with First Information Report (for short
“F.I.R) No.318 of 2021 for the offences punishable under Sections
1 of 47
SHAILAJA
SHRIKANT
HALKUDE
Digitally signed by SHAILAJA
SHRIKANT HALKUDE
Date: 2024.04.30 13:09:16
+0530 2024:BHC-AS:19737
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323, 328, 342, 354, 376, 377, 506 (2) r/w 34 of the Indian Penal
Code (for short “I.P.C”) and Sections 4, 6, 8, 12 and 17 of the
Protection of Children from Sexual Offences Act, 2012 (for short
“POCSO Act”.
2.Facts of the case are as follows.
3.The first informant is the father of the victim. He deals in the
business of furnishing. At the time of lodging an F.I.R, the victim
was seventeen years old. On 3
rd
May, 2021, the victim eloped with
the nephew of the first informant without informing anyone. The
first informant, therefore, reported the matter to the
Amboli Police
Station and a crime bearing No.283 of 2021 under Sections 114,
363, 376 (2) (f) (n) of the Indian Penal Code and 4, 6, 8 and 12 of
the POCSO Act was registered on 4
th
May, 2021.
4.Meanwhile, all the family members started searching for the
victim. When they were searching her bedroom in order to find out
some clue, they noticed a handwritten notebook of the victim with
twenty seven full scape pages. Having read the contents of the said
notebook, the first informant and his family members were shocked
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and flabbergasted to know that during their earlier stay at
Shivshakti Co-operative Housing Society, near Dhake Colony, J.P.
Road
Andheri (West), when the victim was in 4
th
standard, she was
repeatedly subjected to forcible sexual intercourse, rape as well as
unnatural sex by the applicant. She was threatened by the applicant
not to disclose about it to anyone, else, he would kill her. The
notebook also reveals that wife of the applicant was hand in gloves
with him in his all the aforesaid acts.
5. Even before discovering the said handwritten notebook, the
victim had apprised her mother in the month of March, 2020 with
regard the acts of forcible sex and unnatural activities by the
applicant with her by administering some stupefying substance. The
applicant used to insert his penis in her mouth and used to
discharge semen. Many a times, while committing forcible sexual
intercourse, he used to throttle her. The first informant’s wife had
apprised him of the frequent incidences, however, since several
relatives of the applicant were residing in the same building, the
first informant and his wife were under tremendous stress and
scared of the applicant. They thought of the marriage prospects of
the victim in future and also about the reputation of the family
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which is at stake in the society. For the said reasons, matter was not
reported either to the Police or to any other member of the family.
Even the victim was asked not to disclose the said facts to anyone.
The victim was under tremendous stress and was always subdued
and depressed. She was being treated by a Psychiatrist.
6.As such, on 3
rd
May, 2021, while reporting the matter to the
Police, the first informant gathered courage to disclose past
incidences
qua the victim.
7.Investigating officer conducted investigation into the crime.
Statements of the witnesses, parents of the victim and the victim
came to be recorded. The applicant and his wife have been
arrested. The victim was referred for medical examination.
8.The prosecution had tendered a report of the Psychiatrist
from Dr. R.N. Cooper Hospital
qua the victim. The handwritten
notebook of the victim was seized under a
panchanama. Statement
of the victim under section 164 of the Cr. P.C came to be recorded
by the Metropolitan Magistrate,
Mazgaon, Mumbai. After the
investigation, a charge-sheet has been filed.
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9.An application for bail moved by the applicant before the
Special Court under POCSO Act was rejected on 13
th
August, 2021
and, therefore, he approached this Court.
10.I heard Mr. Kadam, learned Counsel for the applicant, Ms.
Malhotra, learned A.P.P and Mr. Sudeep Pasbola, learned Counsel
for the respondent No.2 at a considerable length.
11.At the outset, Mr. Kadam would argue that the applicant has
been falsely implicated in this case, which, according to him, is
apparent from such an inordinate and un-explained delay in lodging
a report against him by the father of the victim who was aware
about the alleged acts of the applicant. Counsel would argue that
the victim had eloped with her boyfriend resulting into lodging of
the report dated 9
th
May, 2021. The victim had a history of eloping
from her house time and again. She had friendships with several
boys. She had shared her photograph with her boyfriend to another
boy. Mr. Kadam would argue that even medical history given by the
victim is quite strange.
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12.Mr. Kadam submits that the applicant had accompanied the
first informant and his wife to Delhi in search of the victim. He
submits that when the victim first eloped with her cousin, the
matter was reported to the Police on 4
th
May, 2021. However, on
9
th
May, 2021, present F.I.R (second report) came to be lodged
making several allegations against the applicant which are totally
false.
13.Mr. Kadam would further argue that the victim and the
applicant were not on good terms since the victim treated the
applicant like her enemy as the applicant tried to improve her by
intervening in her immoral acts. It is contended that the victim had,
therefore, concocted a story of continuous forcible sexual
intercourse and unnatural intercourse and other unnatural activities
qua the applicant. It is submitted that father of the victim was also
on cross terms with the applicant due to some dispute of the
society. He would argue that it is difficult to digest the fact that
despite subjecting the victim to sexual exploitation by the applicant
for more than nine years, neither any alarm was raised by the victim
nor the matter was reported to the Police by her parents. The entire
story has, therefore, becomes doubtful. The Counsel would submit
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that even the alleged handwritten notebook of the victim does not
carry any evidentiary value in the eyes of law, much less, an
admissible piece of evidence. Pre-trial detention of the applicant
would be a punishment to him and, therefore, Counsel would pray
for grant of bail.
14.On the other hand, learned A.P.P has invited my attention to
the handwritten notes of the victim indicating gravity, seriousness
and the perverse nature of the applicant, who had subjected the
victim to continuous sexual exploitation, rape and unnatural
intercourse. She would argue that all the illegal acts of the applicant
had such a great psychological impact on the mind of the victim
that she had an excessive desire of sexual activity resulting into
making friendship with boys. The applicant took disadvantage of
the fact that the victim’s father was in
Dubai who had reposed faith
in him to look after his family. This is the reason for a delay in
lodging the F.I.R. All the misdeeds of the applicant came to fore
only after finding her notebook beneath the bed of the victim by the
parents. Alleged act
qua the other accused in another crime has
nothing to do with the present F.I.R.
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15.Mr. Pasbola who spoke in tune with Ms. Malhotra, was at
pains to argue that the victim had been molested in such a severe
manner by the applicant who is a man of bad character and had not
only betrayed the trust of the victim who was girl of very tender
age but also betrayed the trust reposed in him by the victim’s
parents. Mr. Pasbola would reiterate as to how the victim had
turned nymphomaniac due to the acts of the applicant. He,
therefore, strongly urged to reject his application, as according to
him, it would badly affect not only the psyche of the victim but also
would give a very wrong signal to the society.
16.This is a very peculiar case wherein it is alleged that the
applicant had been subjecting the victim to rape, unnatural sex, oral
sex, discharging semen by forcing his penis in her mouth,
administering some stupefying substance which aroused her sexual
desire and above all, threatened her of dire consequences, in case,
she discloses his acts to anybody. Worst, his wife actively
participated and assisted him in all his dubious and abominable
crime for a continuous period of nine years ever since the victim
was in 4
th
standard till lodging of the report.
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17.Despite trying my best to encompass the pathetic plight of the
victim in a nutshell, I am afraid, I could not, but to copy her hand
written notebook which is unquestionably in her handwriting
depicting the horrible, appalling and obnoxious crime committed by
the applicant right from the days when she was a child studying in
4
th
standard till she attained the age of seventeen years.
“I opened up to you and you judged me…
kisine bhi mujhe nahi samjha, chalo aaj me likh deti
hu saare raaz. Jabh me 4
th
standard me thi tabh i was
brutally raped uske baad more 3-4 times exactly yaad
nahi hai kitne baar but andaaza yaad hai ki bachhi thi
na toh itna acchese yaad kaise hoga but pain abh tak
yaad hai. Pehli baar i had so much pain usne mera
gala dabake rakha tha ek haath se aur jabh bhi I had
pain I used to cry jabh it was my 3
rd
time if I’m not
wrong tabh me bohot zyada ro rahi thi but without
any sound, toh tabh na usne meko ek chiz bola tha‘ ke
kabh tak aise royegi isse maza lene sikh’ aur mene boli
thi isse maza q? toh usne bola tha rona bandh kr aur
dekh ek baar. Firr I think jabh 4
th
time tha tabh uske
pass ek goli thi jisko khaaya tha like muu me rakha
tha firr he used to kiss me very hard tabh I felt smthg
but I don’t remember exactly kya feeling thi woh but
sach me pain feel nahi hua tha. Firr me ye batati hu ke
me ghar pe ye sabh baat q nahi batayi bcoz I was
trusting Allah ke woh ye sabh bandh karwa dega
becoz me batati hu me exactly kya soch rahi thi, I used
to pray to Allah ke woh mere bina kisiko bataye
gharpe bata dega and me aisi thina ke I trust allah so
much bachpan me, toh me Allah se maangte rahi dua
but nahi hua ek bhi dua qubool aisehi woh saal guzar
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gaya, firr uske baad he gave me smthg to drink jo ki
uske private part se nikla tha pr abh jaake mujhe pata
chala that its called ‘semen’ toh 1 small glass usne
mujhe pilaya zabardasti and it was bitter in taste like
ajeeb sa hi tha jisse mujhe oolti bhi huyi thi firr use k
baad jabh I drunk uske agle din me ---- ke pass gayi,
uss time pe ---- hi sabse badi thi toh sbh usi ko puchti
thi me, firr mene usko puch ki fala fala I drunk toh
usne boli usse pregnant nahi hote but firr bhi woh
accha nahi hai and shayad usse teko kuch bemari ho
sakti hai bcoz usse ek insaan se dusre insaan me bohot
kuch transfer hota hai, toh me rone lagi becoz I was
scared usko thyroid haina isliye but aisa kuch bhi nahi
hua I am fine. Then who oral Sex karwata raha abh
tak, not that wala sex! So, Oral sex I got addicted
after a year jabh me 6th me thi I started looking for
boyz bcoz me aisa sochne lagi agar hawas hai toh ye
Buddha q mujhe use kare koi aur kare aur meri marzi
se ladko ke saath karti huna firr bohot ladke aay gaye
but sabh mujhse bade hone chahiye jo mera usool tha
toh I was enjoying mene apni life barbaad ki iss zid me
ki allah meri help nahi karta tha like 6 saal usne mere
saath ye sab hone diya q? And me allah ko gaali deti
thi roz bohot zyada gaali deti thi aur bohot gandiwaali
gaali aur rahi baat namaz ki toh mene sirf 2020 Jan se
me acche se namaz padi aur jo uske pehle jitna bhi
padi usme me sirf action karti thi aur gaali deti thi
namaz me allah ko me bolti thi tu samjh ta kya hai
apne aap ko, tu kya meri life kharab karega, jo
karungi abh me karungi aur mene ki bhi. Me thi
helpless aur me isliye apni life ko serious nahi leti
bilkul bhi. Firr 9
th
std se I started smoking ik din me
22-25 cigarette maza aata tha like stress relief tha
mere liye ye first 8
th
std se mujhe hormones pe control
hi nahi tha bilkul bhi jarrah bhi nahi like I get
vibrations and I want a guy daily so that need to be
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fulfil. Jaise needs hote hai sabke hote hai like food,
water, shelter wagera wagera mere usme lust bhi
included hai. Agar me serious hu apni life me kisi chiz
ko lekar toh voh mera dream + career hai baaki me
shaadi isliye karna chahti hu there are 3 reasons, 1
st
love (I need), 2
nd
hangouts (I need), 3
rd
lust obvio to
fulfil my daily need and mereko farq nahi padta that
my husband will leave me etc etc, becoz mujhe pata
hai meri life konse spot pe aake kharab hone waali hai
becoz I know after my life partner get to know that I
am not virgin he will leave me or either cheat me or
either live with me but only for my dad’s so called
money and high standard koi bhi ladka kisi aur ka
jhutha nahi paalega and that’s completely agreed,
isliye I don’t care about anything. Mom roye, dad
roye, bhai roye, mujhe farq nahi padta aur mene aisa
khudko banayi hu ke I need to be stoned hearted for
every single person in my family life and that’s good I
made myself that level ka strong jisko farq hi nahi
padta ke koi mere saath hai ya nahi. Jo kuch hota raha
sehti rahi. Khudko ajeeb banati rahi kudhko samjh
nahi aata tha kya kar rahi hu buss kar rahi hu q ki
aadat hai.
THAT’S ME!
1) Why you did?
See, I was in lust and I was not knowing that
what I was doing and how I am making my self more
in trouble.
2) What made you addict?
When something is happening with you either
bad or good and it’s repeatively more and more you
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are getting it then you get addicted to it. eg. He told
me why do you cry everytime when I do this to you,
start having fun with it, and when it was my 3
rd
or 4
th
time I did not had any pain and I started liking it.
3) From when he started molesting you?
I was in 4
th
standard and from then the bad things
started happening with me.
4) How much did it affect to your life?
I induLge into zina I know its bad but I was not
mentally stable when I started so from then I was
fearless of Allah, and it made my life hell. It was not
that easy to make yourself allow to do the same things
with different guys.
5) WhoM are you scared of?
I am only scared of Meraj becoz I don’t want him
to touch my body anymore.
6) What kind of feeling you get?
I get vibrations and I feel charged and I want
someone to foreplay with me, my body starts shaking
and I start sweating it’s basically my personal need
now.
7) Now also do you attract to boys?
Yes I get attracted to boys becoz I need
permanent partner to fulfil my need when I’m in lust.
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8) From when do you started all this in school?
When I was in 8
th
standard that was my first time
when I had vibrations so I needed it someone to stop,
so I started it in school too.
9) Is that your need?
Yes, obviously because its like don’t give me food
but I want that to live my life. eg; when my exam’s
starts so I don’t have time to fulfil my need so I smoke
more like 1 entire box per day till my exams get over.
10) Do you want it to stop?
I think it’s natural and it can’t get stopped now
it’s too late to think about it but when it’s out of
control I slap my self I make cuts on my hand to have
relief and to distract myself.
11) How did you started smoking?
I started smoking from IInd semester of my 8
th
standard.
12) Why did you started smoking?
Basically to control my hormones, and it is the
best medicine to control your body especially your
lust.
13) How and When did you drunk semen?
I was not knowing that it is called semen. Now I
got to know that it is called semen. for me when I
drunk a glass of semen was a discharge from meraj’s
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private part and he forced me drink it was bitter in
taste don’t have have correct words to explain it
perfectly and I was in 9
th
standard when I had that but
while having, oral sex (BJ) it get discharge in my
mouth but used to spit it.
14) From when did he started, giving you capsule?
I think it was in standard 5
th
I guess idk the year
and exact time I can say when I had my 3rd/4th sex
from then he started giving me capsule and from then
only I love doing all that but not sex anymore, ya but
oral is better.
15. Why you always abused Allah?
Becoz when I was small I used to believe on
Allah, but then when sexual abuse started with me,
why don’t allah helped me and stopped every thing
bad happening with me. From then I was upset and
angry on allah till now so I started abusing him and
stopped praising him..
16. Why don’t you pray before in past?
becoz I don’t praise any god and there is no god
for me and I don’t believe anyone anymore. he didn’t
helped me out what was my fault? Why I was raped
and tortured? no one know the answers of my
question.
17) Do you have fear of Allah?
No, not any more….. no more ….when he can’t
help me, he can’t accept my prayers so why I should
praise him and fear of him.
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18) Why did you always fought with Allah in past?
Bcoz every night when I go to sleep I always ask
him ‘do I deserve all this’ which happened to me?
Every single night from past 4 years. I am telling him
– I don’t want this life please make me dead I am
sleeping ryt now but 2morrow morning please don’t
wake me up! but as stubborn he don’t listen to me and
I can’t tolerate this more. Before sleeping when I go to
bed after the lights off I cry a lot I ask him several Qns
and tell him please him to make me dead, why he
don’t?
19) Are you serious about your life?
No not at all, becoz I don’t have fear of death but
if I’m alive so the reason is I want my dream to be
fulfil as youtuber and if it will not be fulfilled in this
year 2020 I swear on Allah I’ll suicide, I don’t live
anymore and I’m sure about my decision.
20) How many times you had sex (raped)?
As per my memory 5 to 6 times I guess with
Meraj and uske baad ki life me I don’t know, Brutally
was 5-6, fun was not yet counted fun = oral sex not
that one ha
21) How and when did you started liking oral sex?
When I pleased Meraj in 6
th
std when I had my
menstrual started, so he decided to do oral sex and
torture me becoz he know if he will rape me again
there are more chances of pregnancy. After that
having those capsules and all that I started liking but
not with him.
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22) What made you stone hearted?
My family! beating, hitting, torture so they don’t
know my tolerance level and they were very toxic for
me so I naturally started hating every single person
around me and my loneliness made me stone hearted.
23) Are you Normal?
No not at all I am not normal eg. normal girls
don’t get vibrations and they don’t think about lust
but in my case its totally opposite.
24) Are you in Relationship?
Nope. I was but he cheated on me and he ended
everything and now I’m not interested to have more
heart breaks and more break downs. I don’t want any
bfs, I want my life partner I mean husband.
25) How many boy friends you had in past?
Relationship was less like 4-5 boys friends but in
lust there were boys but I wasn’t with them in
relationship (jitna ko bhi bhai ne pakda wo sarre mere
bf nahi the), (jitno ko bhi nahi jaanta woh saare bf hai
‘sare ka matlab 5 ladke’ unmese1 kamar jiske bare me
family jaanti hai but more 4 jo the hai nahi woh aaj
tak secret hi hai) Q ki unse abh koi rishta hi nahi hai.
26) Are you virgin? If not then are you scared about
your marriage?
“Nope becoze I was raped, I had sexual abuse but
I am not scared about my marriage, B’coz I know at
what point my life will be hell, if my husband get to
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know either he will divorce me, or be with me but
cheating on me, or he will live with me for my dad’s
so called money and high standard.
27) Tell me something about your life plans?
‘Jeene ki chah toh hai nahi’ aur ‘na hi lambi umar
ki’ buss agar sabh kuch sahi chata raha life me
problems nahi aayi toh jeeuingi warna mera bharosa
nahi hai pr I know kabh life kharab hogi meri, agar
husband ne chord bhi diya aur youtube sahi chal raha
hoga to
jeelungi warna sabh khatam.
28) Why do you cry so easily?
I am very emotional kind of person but not in
front of people, when I have people around me I
don’t cry but when I am alone I cry a lot.
29) Are you happy?
No, jab tak I am not married I will never be
happy, I need a person to love that’s all.
30) Do you feel ashamed?
Yes, I guess ….I can’t explain.
31) Why don’t you sleep?
Whatever terrible things happened to me makes
me awake and haunts me so I can’t sleep.
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32) Are you mentally stable?
Sometimes, I am not biut I have to pretend fine
in front of family, becoz I don’t have transparency
with family to show my problems so I better hide.
33) Do you still remember, the pain?
I cannot forget I don’t know why, I think becoz
of night monsters.
The pain which he gave me, the weight of his on
me, it was like pushing his body in my entire body. I
remember the feeling he pushed himself inside of me.
34) How many times you thought about quitting i
mean giving up?
The picture my brother saw was the one when I
attempt suicide but I failed, I choked my neck with
the dupatta in college I tried to jump from 2
nd
floor
----- caught of me and she joint her both hands infront
of me and she said I still remember her words
“haraam maut kabhi mat marna ----’, I will try to
attempt successfully when I m in trouble inshallah.
35) Do you love yourself?
I fucking hate myself so much that I can’t explain
it.
36) What do you think about your career, your
dreams?
Me bhai ke aas me hu agar woh help nahi karega
meri to fulfil my dreams toh wait karungi, shaadi ho
jayegi uske baad karungi apna dreams pura.
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37) Do you feel sorry for whatever you did in your
past?
No ! I don’t, Bcoz agar allah woh sabh time pe
bandh kar diya hota toh aaj me. woh sabh karti hi
nahi, mere allah ko ek baat boli thi ‘tu meri life kya
kharab karega, me khud meri life kharab karungi,
Tujhe jitna kharab karna tha tune karliya, abh me
karungi jo mere mann me aayega.
38) Whatever you feel do you keep it all inside?
Yes, I do becoz there is no one to understand me
and I can’t share it with anyone.
39) Are you fine?
I am fine ! but I am not okay.
40) I got to know that you were secretly depressed!
Yes but I can’t share with you, I am sorry.
41) Do you want to discuss all of it with me?
Yes but verbally.
42) I must tell you, you need to move forward now !
I can’t because of night monsters (secret).
43) Why do you trigger when someone wants to beat
you? (I noticed it pretty well) (violence)
Because it remembers me ‘choking my neck,
slapping me very hard, kissing me very badly, eating
my whole fucking body, bites on my back and on
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privates’. So when someone tried to hit me I try to
keep my teeth on teeth and just controlling my
awkward behaviour infront of that who wants to beat
me.
44) Why do you always hide your inner storm by
having fake smile wearing on your face?
Bcoz I try to hide my emotions in front of my
family, I don’t want them to know that I am broken, I
am mentally disturbed.
45) Why are you so short tempered?
Violence made me….. naturally.
46) Why do you like to make cuts on your hands?
I can describe it in 2 words : Relief, Distraction.
47) You have two different life reel and real why?
Reel - in front of my family, being at home.
Real – I am Abusive outside, I am slut outside.
48) Do you ever had toxic relationship?
Yes, He used to beat me, very very very psycho, I
cant disclose his name but ya he was like that, very
abusive etc. ….(secret).
49) Can you tell me something about Sajid’s
relationship with you?
As always I was in lust I tried to fulfil my need on
him, he thought that it was my love but I think it
wasn’t, he took it very seriously, he still loves me and
he can marry me in any condition like if I’m divorced
or I am mom, he will not marry to another girl I can
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bet, he wrote my name on his hand with knife and it’s
visible.
50) Are you desperate about kiss?
Yes, ask them who was with me in foreplay, they
know I don’t waste any single second I just want
kisses. Every guy used to tell me ‘bohot stamina hai’.
51) Do you have lust problem?
Yes and becoz of it I get vibration and I need to
smoke.
52) What about that Delhi one zaid?
Woh ek mohra tha, jiske zariye hi me delhi me safe
rehti, baaki mene kabhi usse pyar ki hi nahi thi.
53) Tell me about ----- and your bond?
Woh ek aisi frnd hai jo mere liye jaan tak de sakti
hai, usne mere liye dosti me family chord di thi, Baaki
toh sabh jante hi hai uske baare me.
54) Do you attract with both genders?
No, I don’t.
55) Did you ever kissed a girl?
Yes, but it was a dare and I cant reveal that girl’s
name.
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56) Did you remember your first kiss?
Of course, how can I forget that, I was so small,
in 4
th
std, Meraj kissed me very hardly.
57) At what age you got you menstrual?
In 6
th
std I got menstrual, and it is very strange
becoz no one can get their menstrual in small age but
mom knows.
58) Why do you hide your real image / personality
from family and society?
Family and society is not that open minded to
accept, a girl addicted to ‘Bad things. Sluts are not
accepted in society.
59) Do you remember your nickname of your real
life?
‘------’ Every boy used to call me, but not now.
60) Tell me the secret about your name ‘----” and
who gave you this name?
I got my name ‘----’ on August 2019, I don’t
remember the exact date, but I know the month. I
thought ki mujhe farishta mil gaya hai, Itna Accha Koi
kaisa ho sakta hai, ‘Gaali nahi deta, aap se baat karna,
Tameez-tehzeed, poore ghar ko lekar chalna, job
karna, salary 1,25,000,mere sare nakhare uthana,
chahe galti meri ho sorry woh hi bolte the, unki age
26 hai abhi, ‘Gym freak hai kya body banaye hai
bachne, ekdum hot, unki family se me mili hu zyaada
durr nahi rehte hai 20 min lagta hai College se unke
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ghar ko, unki nani ke side me sabh jaante the mere aur
unke baare me, pehle unki mom se mili thi toh aunty
ne reject kardiye the firr me hijab me gayi thi milne
tabh accept karliye the, unke 2 bahen hai, ek married
hai, aur ek engaged – sasual jogeshwari me hai,
unkedad nahi hai aur ek bade bhai bhi hai, mera
banda was like over over over possesive, mujhe apni
need puri karne hi nahi dete the like close nahi nahi
aane dete hai who, forehead kiss and cheeks pe kiss,
holding hands, hugs bus itna hi. Kabhi waise close
aane hi nahi dete the bohot ladayi hoti thi meri iss
baat pe, pr kabhi bhi nahi aane diye and kamar ko
pehle se jaanti thi me woh mera frnds with benefit
kind of tha toh me milti thi usse need poori karne ke
liye. ek baar mere bandey ko pata chala idk kaise,
unke haath me kamar ki pic, uske mere chat sabh
kuch haath me leke aaye the agle din jabh mili tabh
mere muu pe maare, woh bhi kiss karte huye, pics
wagera kaise deal karti me, unhone puche ‘---’ kya hai
ye?mene boli kya bole natak bandh karo, meko sab
malum poori biography nikaal ke baitha hu uski, woh
kaha rehta hai kya karta hai, ek din me nikala hu sabh
samjhena tum, I told toh me kya karti meko jo
chahiye woh tum dete nahi ho, and unka jawab uspe
waah ----- mene na tumko uss nazar se kabhi dekha hi
nahi, mera nahi mann karta kya I’m 26 mera tumse
zyada mann karta hai, but me apni hawas tum pe ya
kisi aur pe q utaaru? Allah sabh dekh raha hai, aaj me
tumhare saath karu, kal ko koi meri bhen ke saath
karega and me 5 waqt ki namaz padta hu and you
know it and meko tumse ye umeed nahi thi yaar, abh
bhi itna khsuh mat ho, me tamko nahi chord raha hu
aur na kabhi chordunga tumko na me apni jaan se
zyada pyar karata hu matlab na uss ko subh pata hai
me naraz hu toh sorry boldega khudh hi mere fav
CCD ke fries le aayega jabh bhi na aayega milne, job
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chordke milne aayega Hafte me 3 baar, milega job
chordke aata tha milne aur mene kya ki take it for
granted lete gaye bandey ko, kamar ke liye usko
chordi, kamar aur mujhe sirf 2 months huye the
relationship me usse pehle woh mera bst-frnd with
benefit tha pr jabh family ne pucha toh mene 1 year
batadi, almost 1 year hone hi wala tha frndship ko
waise toh and when he knew I’m dating kamar rote
rote aaya bola last baar milo pls, me mili haath jodke
ghutne pe baitha mere saamne woh, bohot bura, toh
lag raha tha but kuch smjh nahi aara tha us time
bolne laga Jism hi chahiye na thik hai tum jo bologe
me woh karunga, tumko jo chahiye woh laake dunga
bola I’m sorry abh.
74) Do you think you are different from other girls?
Yes, hogi shayad meri tarah aur ladkiyan pr aaj
tak mili toh nahi mujh jaise pr pata nahi but I think I
am different normal lidkiyan lust aur vibrations ye
sabh unhe hota hi nahi hoga idk.
75) Why do people judge you very quickly?
I don’t know, ---- = bad girl I don’t care and its
my strength, whatever people want to think about me
it’s their choice, I cannot go and shut their mouth, so
its better to ignore.
76) Why do you want to quit your life so early?
I know Future me kya hone wala hai agar
husband ne chordiya aur channel acha chal raha hoga
tabh jeeungi warna no I can’t live aur waise bhi I am
24/7 stressed but I don’t show and I am a kind of
person jo pyar ke bagair reh nahi sakti but jaise now I
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am ready for arrange marriage toh abhi I don’t need
jabh tak koi achha rishta nahi aajaata. Baaki it’s secret.
77) What do you think about yourself?
I know I am bad girl, I know so many people
have problems becoz of me, me pehle jaise thi, woh
abh me rahi nahi aur abh jo hu, wo kisi ko pata nahi. I
am broken, I am hurt, I am sexually assaulted, I am
sexually abuse, I am molested, I am harassed, I am
broken, I am mentally tortured, I am myself a
problem, becoz of all of these I am not normal girl
anymore and now I can’t be normal, I act normal
becoz I have strength that I don’t show my problems
sabhko lagta hai I am doing acting this that, pr jispe
beetti haina usko pata hota hai dusroka dard jabh tak
samjh nahi aata jabh tak apne pe beet ti hai.
78) Your view point on your body !
Mujhe Sabh kuch bachpan me hi pata chal gaya
tha jo mujhe abh jaake pata lagna chahiye 4
th
std me
he started everything our 5
th
me mere private parts
mature hogaye, big butt, heavy breast wo umer me, jis
umar me woh sabh bachho ko pata hi nahi rehna
chahiye Bcoz of everytime sex vagina became loose,
mujhe Khudh pata nahi chala me itni badi kabh
hogayi, bachpan ek jahannuum tha, pata hi nani chala
kabh bachpan katt gaya. Lower back ka Curve kya
hota hai woh Sabh bachpan me hi pata chal gaya,
Lock is
only made for key woh bhi pata chal gaya
breast is made for sucking who bhi pata chal gaya,
private parts ka kya kaam hota hai who bhi pata chal
gaya, Blowjob kya hota hai handjob kya hota hai q
hota hai sabh bachpane me pata chal gaya, jo nahi
karna tha woh bhi kar liya, hard bites kya hota hai,
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love bites kya hota hai private hickeys kya hota hai
sabh bachpan se experienced hai. Body ko q aur kaise
khaate hai sabh pata chal gaya.
Zindagi jahanum se kam nahi thi aur kya kuch
nahi sahi hu me, mera rab aur me jaante hai sabh buss.
Why I was Quiet?
I hate my childhood, I am very happy being 17
year old, and I never want to be a child again. Today
I will be talking about my journey and how I got to
this point, I have a memory, I think I was about 8
years old, I remember when I was playing with my
friends how I got indulge into his trap, he called me ‘
beta idhar aa’, I went he was playing with me, he was
nice, we became friends in a matter of about 10 mins,
soon I see he opens up his ‘pyjama’, he takes out his
penis and asks me to hold it I denied, he forcely took
my hands and made me hold his penis, I hold and I
still remember as I tell you this my body is shaking
because this memory triggers me off, I still remember
his penis being warm clammy and fat, I felt something
but he kept saying I was doing good job, I was a good
girl, I was an obedient girl I was listening to him he
was very proud of me he played with me and I played
with him it didn’t feel weird, it didn’t feel odd at all
this continued for about 20 to 25 mins till he was
done with me, I have been repeatedly molested over
the years till the age of 16 some continued for weeks
and months and some were depending on the minimal
chances to catch me. (I was molested by both men and
women, his own wife use to touch me, grab me
wierdly and allowing her husband to play with me.)
People
think that molestation is primarily done by
men and that we are all safe with women people are
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wrong we aren’t I am living proof. After reading this
you will feel uncomfortable, yes people are
uncomfortable because they know this is wrong, I
didn’t for me molestation/seduction and brutally
making sexual contacts meant I made a connection
these were often people I trusted people I liked they
were happy with me, they gave me appreciation, they
even gave me love I spent a lot of time thinking I was
just giving back to him this was relationship we
shared, it was our secret that would even threaten me
if you told anybody nobody will believe you ‘kisiko
bolna mat’ I kept Quiet and then this continued for
years on end now a lot of people and you are thinking
why did she kept quite, why didn’t she speaks up, why
didn’t she scream shout, find this uncomfortable, well
let me tell you a little bit about what leads girls like
me to keep quiet, I was a shy child, I was introverted I
was quiet, I was being bullied at school, I was not
popular, I had no friends, in fact I was being bullied
by teachers as well, I was a poor student and we all
know what happens to children if they are not good
academically, I was not even a 40%, I was barely made
a pass mark after giving reexams, teachers would
mock me teachers would make fun of me, I remember
in class 3
rd
standing for hours outside the staff room
because my teacher told me you are a failure, you
don’t deserve to sit with other children, you are
dumb, you are stupid, these are some of the things I
heard throughout my whole school life. I learned to
internalize it, I thought I’m a failure I’ m dumb when I
was being molested by people I cared about that was
my happy space, yes you heard right that was my
happiest space, I felt atleast he appreciate me, I
couldn’t talk to mom and dad because I was a
sensitive child I knew my mom wasn’t meant for me
so I didn’t want to add to it and I couldn’t even
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understand if this was right or wrong look back to
your life, we don’t know if this is wrong or right,
sometimes we are confused because this was before
the days of good touch and bad touch, before the days
parent told us come to me if somebody does this to
you. They trusted people we trusted people I was
being bullied I was lonely I was unhappy therefore I
allowed the molestation and rape to continue, I didn’t
know that what to do I approached a teacher to tell
her about the bullying about the abuse I was facing
and she told me that man see if you ever tell anybody
nobody will believe you everybody will think I’banake
bol
rahi hai’ that was the first and the last time I
opened up the only other person who have share this
with is my “ “ she told me I was a loser I was a
failure academically and I was looking for excuses not
to study and if I continued this way I would grow up
and be a drug addict but I am smoke addict and “ “
addict becoz of that pills I have no idea what the
connection came from but that’s what I was infact in
class seven my teacher stood me in front of an entire
class and said whoever wants to be academically
successful don’t talk to -----, this is the girl you don’t
want to talk to, I don’t know why I didn’t say a word
I would just keep quiet soon I reached class nine and
one of the days when I was being bullied no before
than sorry. I forgot to mention this I stared turning to
food as a way of comforting myself, food is a big thing
so I turned to food I would go up to about one loaf of
bread a day I became 57 kgs at the ages of 14 or 15
what happens to obese teenagers they get picked on
they get bullied right and what happens when they get
bullied they withdraw within themselves they become
depressed, they became anxious I would often get told
by peers oh look at ----- she looks like a potato even
teachers told
me insulted mee everytime, slapped me
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in corridor, that’s the kind of things I was told and I
faced I didn’t say a word becoz they were right in
class tenth I had melt down I wanted to go as far as I
can go from these people I even my own family, I
broke down I told my teacher I don’t want to be her i
started to cry, because this was after an episode of
bullying I remember she sat me down and, and she
said ---- when I teach maths I look at you and I say
this girl has the most beautiful smile I heave ever seen
people that was my first compliment the first time
somebody had said something nice to me I started
healing my journey started that created a crack in the
self esteem I built which was zero I hated myself, if
you ask me what to do want to grow up and be I
would have laughed and told you a ‘failure’ and then I
went to college thankfully in college I made a good
friends somebody who didn’t knock my story who
didn’t tell that oh my god so much negativity, but then
after a year passed each and every friend ditched me
and went far away from me and I had such a bad toxic
relationship, he emotionally and mentally broke me
by his words “he said - you are not the sparkle I was
looking for, you are not beautiful as I thought. he
insulted me in such a bad way. I cannot express.
My soul was broken being molested by everyone and
being raped with that single person again and again
and I was bullied and body shamed yes I hate my body
my face and overall me, the one thing that gives me
confidence is only makeup. People think that I am
mad I talk to myself ya this is the reason I want a 2
nd
person in my life. The one who knows me better is
only me I know I am Emotionally dependent on my
partner I can’t live alone. This is because I don’t have
normal life, I am not a normal girl I know I am bad,
this is all are my problems. As always I pray for my
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death, before sleeping the one prayer I pray is “ya
Allah please
don’t wake me up next morning, I want
everyone to cry for me and pray for my Janaza I know
I will never enter Jannat but I am not scared of being
punished by Allah bcoz sabhne Zubaan ki baatein suni
hai sirf Allah ne dil ki baat suni aur samjhi toh usse
pata hai mene kaise aur q ki saare gunah. Yes, I have
no fear bcoz I know this world is not for me…. I wish
I die today I hope he is listening to me. Today my
mom told me she also pray for my death and I am
happy that she prays that becoz Allah is not listening
to me, he will listen to my mom’s prayer, Aameen! It’s
been 17
th
year of my life I don’t know what’s
happiness, I don’t know what’s family, bonding, love,
care etc. I don’t what mom’s Love, dad’s love brothers
love.
Me meri family ka bura nahi chahti buss me chahtihu
ke koi ho jo mujhse pyar kare and me usse engaged
bhi hona Chahtihu (yes arrange marriage) but
engagement abhi hi bcoz koi nahi samjh sakta ki me q
akele nahi reh sakti. I just want a normal life !!!!!!!.
Shhh…… shh…..I will all be okay !
Forget it, shut it, forget he is a good man has a family
3 kids, it must be a temporary glitched. Forget it, let
go, let it go. holding on.
Even if you feel like burning then patches of bites on
your skin, his fingers has only pressed and passed
through you are a child just a child it will all be okay!
He is a good man. Don’t worry, we wont leave you
alone with him again hush this stop crying. Think that
you felt down from your bicycle the other day and
that’s the pain you have stop making a sound. Never
tell if anybody asks you. He must be stressed out or
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out of his mind. He is a good man. Stop crying in the
corner stop shricking in the middle of the night you
are disturbing all of us and our sleep. Remember
never tell. Remember forget stop shouting when
someone touches you, stop being shame. it is a shame
it is shameful what happened but don’t tell to anyone.
It only exists in your mind. If nobody knows there’s
nothing justify you, common get over now it
happened a week, a damn 6 yrs ago now why you are
scared and disturbed. now why do you start shaking
your body when you hear his name. He is a good
man. He is a good old man. now you don’t have any
scars so stop being ashamed stop.
It’s okay to cry.
I want you to know that crying doesn’t mean I am
weak. It actually means that you are strong from so
long carrying a weight, weight on your shoulder and I
want you to know that it is okay to cry. It is safe for
you to live. If you look at the river what it does it just
flows over. just like that you can allow yourself to cry
become that river, let your tears just washed away
your burdens your pain let it cleanse. Why would
tears be something bad? When the element of water
that washes the pain. Why would be the tears be
something bad? When the world is also made from
ocean water And most of you love beaches and let me
tell you your tears are like beach! beautiful, you don’t
have to keep your tears until one day it will break and
comes out painfully. you can allow yourself like gently
go for it. Allow yourself to feel everything. The good
the bad. The one of the bravest thing. So now you are
ready, I hope you find the courage to let go and let the
tears flow, wash the pain!
(I opened up to you and you judged me)”
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18.Having read the entire text, I do not think anything more is
required to be said, for, words will fall short to describe the mental,
psychological and physical state of the victim and the impact of the
ordeal she had undergone at the hands of the applicant. The crime
alleged to have been committed by the applicant is not only
shocking the conscience of any prudent man but it is also
obnoxious. Due to such horrendous crime, the victim has turned on
as a nymphomaniac.
19.Father of the victim and the first informant as well as her
mother, in their statements recorded by the Investigating Officer
narrated as to how the applicant had betrayed their trust by taking
undue advantage of the fact that the first informant was working in
Dubai. They realized about the crime only when they discovered
the aforesaid handwritten notebook of the victim underneath her
bed. The statements reveal that though they came to know about
the misdeeds of the applicant, nevertheless, due to the fear of
getting defamed in the society and in order to avoid harm to their
reputation, they did not disclose about it to anyone. They were also
worried about her future marriage prospects. This is quite obvious
and cannot be viewed with suspicion in light of the fact that the
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offences were being continued unabated till the notebook was found
by them.
20.The first informant and family seem to be quite religious one
with strong belief in their traditional doctrines of religion, as has
also been reflected in the handwritten notes of the victim. It seems
that the victim had full faith in Allah who would impart justice one
day or the other as no one had come forward to rescue her.
Obviously, the first informant and his wife refrained themselves
from reporting to the Police or others that does not
ipso facto mean
that this is a concocted story engineered by the first informant as
sought to be argued by Mr. Kadam.
21.Turning to the statement of the victim who was seventeen
years at the time of registration of crime had categorically narrated
her plight which has already been depicted in her handwritten
notes. The statement reveals as to how, for the first time, she was
called by the applicant in his Room No.502 and by having a sweet
talk and offering her chocolates, removed his trouser and asked her
to put his penis in her mouth and thereafter tried to insert his penis
in her vagina. At that time, he had throttled her by threatening of
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dire consequences. Due to fear, the victim could not narrate the said
act to her mother. Thereafter, whenever the applicant used to get
an opportunity, he would repeat the same things and used to ask her
to retain his seminal fluid in her mouth. On one occasion, the
applicant had dragged the victim in his Room No.502 and closed
the door from inside. He removed her clothes, put his penis in her
mouth, discharged semen and recorded a video of the said act. At
that time, applicant’s wife held her hands. The applicant, thereafter,
threatened the victim that he would make the video viral.
Sometimes, he used to administer her white coloured pills in a cold
drink, due to which her sexual desire would arouse.
22.Role of the wife of the applicant as reflected from the
statement as well as handwritten notes of the victim is quite
apparent as she had abetted the offences alleged to have been
committed by the applicant. Rather, it appears that she had
intentionally aided and abetted the illegal acts of the applicant. Wife
of the applicant had held hands of the victim while applicant
committed illicit and unnatural acts. She appears to be equally
guilty. It is not clear whether the prosecution has taken any steps to
seek cancellation of her bail granted by the trial Court. Act of the
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applicant’s wife falls within the ambit and scope of Section 16 of the
POCSO Act which is punishable under section 17 of the said Act.
23.Her statement further reveals that when she was in 10
th
standard in 2020, she had disclosed the said fact to her mother,
however, her mother asked her not to disclose it to anyone. Her
father was in
Dubai at the relevant time. Since the victim was
totally devastated, she went to Delhi along with her friend. At that
time, the Police team which came to Delhi in search of the victim
was also accompanied by the applicant and, while returning to
Mumbai, in the W.C of the compartment, he attempted to repeat
the same acts.
24.In October, 2020, he had given a SIM card to the victim and
asked her to call him from the said number. On five to six
occasions, he forced her to come to Room No.502 at
Shivshakti Co-
operative Housing Society, near
Dhake Colony, Andheri (West) and
subjected to forcible sex. His wife inevitably used to accompany him
to assist in his acts. On one occasion, he demanded an amount of
Rs.2,00,000/- from her, else, threatened to make the video viral.
There are several allegations against the applicant, however, it is
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needless to go into the other aspects as the Trial Court would look
into all the allegations levelled by the victim.
25.The victim was referred for medical examination. History
given to the Medical Officer needs to be reproduced in brief which
reads thus;
“
S/B SMO Aditi Dr. RJW
History given by survivor and is Reliable
The survivor ---------17 years gives history that she
knows the accused and Mr. Mehraj Khan since
childhood. When she was in 4
th
standard the accused
has assaulted her since childhood with 5-6 times
Vaginal intercourse and multiple times anal
intercourse. The accused used to threaten her for
kidnapping, beating etc, history given of dragging,
beating and terrorizing. No history of anal intercourse
given by survivor. The survivor lives with her family
(mother, father and 2 elder brothers), they were
staying at JP Road Andheri as neighbour to accused.
Accused also used to give her unknown tablets in
childhood. Accused is married with a wife and 3
children. The accused and his wife also used to take
videos and photos of the survivor. The survivor
shifted to some other places in Andheri in October,
2020. Since then the survivor gives no history of
sexual assault. The accused was blackmailing her for
videos and photos and was taking money from the
survivor which she used to steal from house around
50,000/- cash.
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Personal h/o menarche attained at 12 years
LMP 17/06/2021 Cycles have been irregular moderate
bleeding”.
It is clear from the medical report that victim had an old hymenal
tear. Obviously, there could not be any fresh injuries in light of the
fact that the victim had become habitual to sexual intercourse who
is now seventeen years of age. No wonder, due to such devastating
experience, the victim has literally became Nymphomaniac.
26.The most crucial document on record is the report of a
Psychiatrist. The victim was examined by Dr. Chetan Devidas
Rathod who is a Psychiatrist attached with Dr. R.N. Cooper
Hospital, Mumbai. It would be apposite to extract the report which
is self-explanatory;
“Index survivor states she was staying in her
house with her family members in andheri west.
She is been abused by alleged neighbour (Mr.
Miraj Khan a 45 year old male) who lives in
same building, who had sexually abused her
regularly against her will, He used to ask her to
touch his penis, he forced her into peno-oral
and peno-vaginal intercourse, 2-3 times a week
since she was 8 years old to 16 years of her age
[Till 2020]. Last year survivor shifted home
with her family. Since then from last 1 year
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neighbour is blackmailing her saying he would
release videos and photos of her in the act, if
she takes action against him, she reported
incident to her mother but not supported by
her, so she contacted alleged Sayeed Khan who
is her cousine brother. He assured her all help.
After that he took her to Lucknow without
informing her family members. There paternal
uncle asked her to marry his son, on pretext of
citing not a real marriage, she was told to sign
papers in a masjid in lucknow. Even after her
resistance, she was forced to marry with accused
on 8
th
may, 2021, After marriage accused forced
her into penovaginal intercourse 2 times
without protection and she was locked in a
room for 1 month, she was not allowed to
contact anyone. 5 days back police caught
survivor and accused from Amethi in UP and
they were brought back to mumbai.
Patient is experiencing Symptoms of post-
Traumatic stress disorder like flashback, anxiety
and sleep disturbances on recalling details of
incident, However with support from family
symptoms have decreased.
Denies any pervasive sadness of mood.
Denies any suspiciousness, hearing of voices.
Denies any elevated mood, tall claims.
Denies any head injury, seizure.
Denies any substance use”.
27.A statement of the victim came to be recorded by the
Metropolitan Magistrate under Section 164 of the Cr. P.C. The
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victim had reiterated what had been already stated hereinabove.
The victim had,
inter alia, stated as to how she penned down her
plight in her handwritten notes which are referred hereinabove.
She states that one day or the other, even if she is alive or dead, her
parents would know her horrible experience which she had
undergone during all these years.
28.It is,
prima facie, evident from the material placed on record
that the applicant had not only committed penetrative sexual assault
qua the victim in view of section 3 (a), (7) and (11) but also liable
for punishment in view of Sections 4, 6, 8 and 12 of the POCSO
Act apart from Sections 377, 376, 354, 342, 328, 323, 506 r/w 34
of the I.P.C. Relevant sections are reproduced below;
“3. Penetrative sexual assault. - A person is said
to commit "penetrative sexual assault" if-
(a) he penetrates his penis, to any extent, into
the vagina, mouth, urethra or anus of a child or
makes the child to do so with him or any other
person; or
(b) he inserts, to any extent, any object or a part
of the body, not being the penis, into the
vagina, the urethra or anus of the child or
makes the child to do so with him or any other
person; or
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(c) he manipulates any part of the body of the
child so as to cause penetration into the vagina,
urethra,
anus or any part of body of the child
or makes the child to do so with him or any
other person; or
(d) he applies his mouth to the penis, vagina,
anus, urethra of the child or makes the child to
do so to such person or any other person.7. Sexual assault.- Whoever, with sexual intent
touches the vagina, penis, anus or breast of the
child or makes the child touch the vagina, penis,
anus or breast of such person or any other
person, or does any other act with sexual intent
which involves physical contact without
penetration is said to commit sexual assault.
“9. Aggravated sexual assault.-
(j) whoever commits sexual assault on a child,
which-
(i) physically incapacitates the child or causes
the child to become mentally ill as defined
under clause (l) of section 2 of the Mental
Health Act, 1987 (14 of 1987) or causes
impairment of any kind so as to render the child
unable to perform regular tasks, temporarily or
permanently; or
(ii) inflicts the child with Human
immunodeficiency Virus or any other life
threatening disease or infection which may
either temporarily or permanently impair the
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child by rendering him physically incapacitated,
or mentally ill to perform regular tasks; or
(k) whoever, taking advantage of a child's
mental or physical disability, commits sexual
assault on the child; or
(l) whoever commits sexual assault on the child
more
than once or repeatedly; or
(m) whoever commits sexual assault on a child
below twelve years; or
(n) whoever, being a relative of the child
through blood or adoption or marriage or
guardianship or in foster care, or having
domestic relationship with a parent of the child,
or who is living in the same or shared household
with the child, commits sexual assault on such
child; or
(v) whoever persuades, induces, entices or
coerces a child to get administered or
administers or direct anyone to administer, help
in getting administered any drug or hormone or
any chemical substance, to a child with the
intent that such child attains early sexual
maturity,] is said to commit aggravated sexual
assault”.
29.In the case at hand, apart from the ingredients of section 3 (a)
and 7, ingredients of clauses (j), (i) (k) (l) (m) and (v) of section 9 of
the POCSO Act are precisely attracted.
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30.It would be apposite to refer the “Guidelines & Protocols –
Medico-legal care for survivors/victims of Sexual Violence”, which
read thus;
“21. Provisional clinical opinion
. Drafting of provisional opinion should be
done immediately after examination of the
survivor on the basis of history and findings of
detailed clinical examination of the survivor.
. The provisional opinion must, in brief,
mention relevant aspects of the history of sexual
violence, clinical findings and samples which are
sent for analysis to FSL.
. An inference must be drawn in the opinion,
correlating the history and clinical findings”
. Guidelines for responding to children read thus:
“ The prevalence of child sexual abuse in
India is known to be high. A National Study on
Child Abuse conducted by the Ministry of
Women and Child Development showed that
more than 53 per cent children across 13 states
reported facing some form of sexual abuse
while 22 per cent faced severe sexual abuse.
Both boys and girls reported facing sexual
abuse.
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. Most commonly, abusers are persons who
are well known to the child and may even be
living in the household. Children are considered
soft targets for sexual abuse because they may
not realize that they are being abused. Abusers
are also known to use chocolates and toys to
lure children. Further, children are more easily
threatened and less likely to speak out about the
abuse.
While the principles of medical
examination and treatment for children remains
the same as that for adults, it is important to
keep some specific guidelines in mind:
. In case the child is under 12 years of age,
consent for examination needs to be sought
from the parent or guardian.
. Children may be accompanied by the abuser
when they come for medical treatment, so be
aware and screen when you suspect abuse. In
such situations,
a female person appointed by the
head of the hospital/institution may be called in to
be present during the examination.
. Do not assume that because the child is
young he/she will not be able to provide a
history. History seeking can be facilitated by use
of dolls and body charts.
. Believe what is being reported by the child.
There are misconceptions that children lie or
that they are tutored by parents to make false
complaints against others. Do not let such myths
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affect the manner in which you respond to cases
of child sexual abuse.
. Specific needs of children must be kept in
mind while providing care to child survivors.
Doses of treatment will have to be adjusted as
required in terms of medical treatment. For
psychological support, it is imperative to speak
with the carer/s of the survivor in addition the
survivor themselves.
. Health professionals must make a note of
the following aspects while screening for sexual
abuse. Assurance of confidentiality and
provision of privacy are keys to enabling
children to speak about the abuse. However
genital and anal examination should not be
conducted mechanically or routinely. A few
indicators for routine enquiry are -
- Pain on urination and/or defecation
- Abdominal pain/generalized body ache
- Inability to sleep
- Sudden withdrawal from peers/adults
- Feelings of anxiety, nervousness,
helplessness
- Inability to sleep
- Weight loss
- Feelings of ending one’s life
31.As has been rightly stated, most commonly, abusers are
persons who are well known to the child and may even be living in
the household. The victim indeed was a soft target for the applicant
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to abuse her sexually as she could not have realized the fact that she
was being abused by the abuser. The guidelines further reveal that
abusers are also known to use chocolates and toys to lure children
which had been exactly done by the applicant when he first
molested the victim. The children, as has been stated, are more
easily threatened and less likely to speak out about the abuse.
32.Above all, the guidelines also indicate that children may be
accompanied by the abuser when they came for medical treatment,
and, therefore, it has been observed that the concerned should be
aware and screen when they suspect abuse.
33.I am conscious of the fact that this is an application for bail
and it is needless to delve deep into the merits and demerits.
Nevertheless, one cannot lost sight of the purpose and object of
enacting the Protection of Children from Sexual Offences Act,
2012. The POCSO Act has been enacted since sexual offences
against the children were not adequately addressed by the existing
laws and a large number of such offences were neither specifically
provided for nor were they adequately penalized. Special Courts have
been established for trial of such offences and for matters connected
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therewith and incidental thereto. While enacting the said Act,
Article 15 of the Constitution which empowers the State to make
special provisions for children, and the Convention of the Rights of
the child, adopted by the General Assembly of the United Nations,
as acceded to by the Government of India, prescribing a set of
standards to be followed by all the State parties in securing the best
interest of the child, were also kept in view. The POCSO Bill
intended to enforce the rights of all children to safety, security and
protection from sexual abuse and exploitation, and also intended to
define explicitly the offences against children countered through
commensurate penalties as an effective deterrence.
34.A corollary of the aforesaid discussion is that this is not at all
a fit case to admit the applicant to bail. To do so would tantamount
to further aggravate and fester the wounds of the victim which are
still fresh in her mind, body and soul. Apart from these aspects,
looking to the nature and propensity of the applicant, likelihood of
repeating similar offence cannot be ruled out. It is quite possible
that in case of his release, the applicant may threaten and coerce the
victim and her parents.
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35.The Trial Court is directed to frame a charge at the earliest
and shall, thereafter, proceed with the trial of the case without
granting unnecessary adjournments to any of the parties.
36.Needless to state that these are,
prima facie, observations sans
merits and demerits. The Trial Court shall not get influenced with
these observations at the time of trial.
37.Now, to the order.
:
O R D E R :
Application stands rejected.
[PRITHVIRAJ K. CHAVAN, J.]
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Legal Notes
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