Mumbai: The Bombay high court has rejected the bail application of a stepfather who was sentenced to life imprisonment by a sessions court.
The high court refused to accept the accused’s contention that the prosecution had failed to prove the age of the victim as well as her pregnancy.
A division bench of Justice B.P. Dharmadhikari and Justice Swapna Joshi was hearing the petition filed by Dilip Salunkhe who was convicted by the sessions court for raping his minor stepdaughter and leaving her pregnant. He was sentenced to life imprisonment under section 376 (2) (i) of the Indian Penal Code.
According to the applicant accused, the birth date of the victim had not been established. The DNA sample of the accused had also not been proved on record.
His counsel Amit Mane argued that the victim herself refused to blame him in court. According to the prosecution, the victim was 20 weeks’ pregnant and the DNA test identified the applicant (who happens to be the victim’s stepfather) as the culprit.
The date of birth had been proved by interrogating the headmaster of the school.
The court, while refusing bail, noted that the DNA sample had established that the accused was the father of the foetus. The PSI, too, had brought the necessary evidence. The doctor who examined the victim also stated that there was a history of repeated sexual assault on the victim and that she was 20 weeks’ pregnant.
The court noted that “the victim had lost her real father after which her mother had remarried the accused. In this situation, the age of the victim itself could not be decisive. Hence, no case was made out for release of the accused on bail.”
