HC grants bail to 96% disabled man arrested for raping minor | Mumbai News

“The general physical condition of the applicant as evident from the documents annexed with the application and the original disability certificate shows that the applicant has made a credible case that the allegation that the applicant physically overpowered and sexually assaulted the victim appears far-fetched,” said Single Judge Sarang Kotwal while granting bail to the Andheri resident.

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“It would be pointless to keep a person who is 96% disabled in custody for the duration of the trial,” the court said, ordering the accused to be released on bail if he paid a personal bond of ₹15,000 and one or two guarantees of the same amount.

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The disabled man was arrested on October 16, 2023, soon after the Andheri police registered an offence against him under Sections 376(2), 376(2)(n), 354-D and 506 of the Indian Penal Code, 1860 and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The FIR was registered following a complaint by the minor girl's mother.

He was accused of overpowering and sexually abusing the teenager. However, he presented his disability certificate, which states that he suffers from spinal dystrophy with a disability of 96% and that in such a physical condition it is impossible for him to have overpowered and sexually abused the victim.

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Further, his counsel pointed out that the medical examination of the minor girl clearly showed that she was not subjected to penetrative sexual assault as provided for under Section 4 of the POCSO Act. The Supreme Court agreed with this contention and observed that the medical report specifically stated that there was no evidence of penetration.