The Delhi High Court recently denied bail to a maulvi (faith healer) accused of raping a minor girl under the pretext of curing her of evil spirits or jinn. 

Justice Swarana Kanta Sharma said that the man, one Mohd Mubarak, took undue advantage of the vulnerable physical and mental condition of the woman as well as the blind faith reposed in him by her family. 

“The prosecutrix was a young girl suffering from illness, and both she and her family were made to believe that the applicant could cure her through spiritual treatment. Instead of providing any such help, the applicant allegedly misused that trust and exploited the prosecutrix under the guise of treatment,” the Court observed. 

It added that the nature and gravity of the offence and the material placed on record do not merit the grant of bail. 

The case dates to 2019. It was alleged that the minor girl had been suffering from poor health for several years and despite medical treatment, her condition was not improving. Her family, under the belief that she was under the influence of some evil spirit or jinn, started approaching various persons performing jhad-phoonk (ritualistic healing). 

They finally approached the accused. Initially, he allegedly asked her inappropriate and strange questions and later came to her house, asked the family members to go out, claiming that the girl had to be treated alone. 

The accused said that the girl was under the influence of a jinn and that it will leave her body only through obscene acts. On this pretext, he handed over a bedsheet to her, asked her to remove her undergarments, and thereafter committed sexual assault upon her.

Subsequently, the man was booked for rape under Indian Penal Code (IPC) and for offences under the Protection of Children from Sexual Offences Act (POCSO Act).

He approached the Court contending that he has been in jail for over six years which amounts to an infringement of his right to personal liberty and right to speedy trial.

It was also argued that the investigation in the present case stands complete, the charge-sheet has already been filed, and material witnesses have already been examined before the trial court.

The State opposed the bail plea, arguing that the allegations against the accused are grave and serious in nature and no ground for grant of bail was made out, especially since the trial is nearing conclusion.

After considering the arguments, the Court rejected the bail plea.

"The Supreme Court has observed that ordinarily, in offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining the witnesses, the Courts should be loath in entertaining bail applications of the accused. In view of the nature and gravity of the allegations, the material placed on record, and the stage of the trial, this Court does not find any ground for grant of bail to the applicant," the Court ordered.

Advocates Sumit Sharma, Narender and Raju Thakur appeared for Mohd Mubarak. 

Additional Public Prosecutor Naresh Kumar Chahar appeared for the State. 

[Read Order]