Putting colours in private part is not sex, accused of raping 7 year old girl gets bail from Bombay High Court

“The Bombay High Court has granted bail to Rafiq Afzal Sheikh, accused of unnatural sex with a seven-year-old girl. A case of sexual assault on a minor was registered against the accused at Koparkhairane police station in Navi Mumbai. FIR was registered against the accused on the complaint of the mother of the victim (seven years).

In the FIR, the victim’s mother has said – On 30 September 2019, my seven-year-old daughter was playing outside the house with her other companions. Meanwhile, a man with a beard came, who invited him to his house. There he undressed the daughter and committed unnatural sex with her. When the girl screamed, he beat her and pressed her mouth so that the sound did not go out. When the daughter came out after the incident, her companions were waiting there. The daughter reached home and informed about this whole incident. After this the family started looking for the bearded person. During this, the watchman told that the accused lives in a neighboring apartment.

The medical report found that this incident of sexual assault with the girl took place on September 27 and not on September 30. According to the victim’s mother, the victim’s friend took her to a 50-year-old man in a nearby house. He said that he would give the money. When the victim went there, the man took off her clothes and poured red colored water on her private part.

Justice Bhakti Dangre said that the allegation of opening a private part by hand and putting some substance in it does not amount to ‘sex’. However, the other sections of sexual misconduct under which the accused was being tried did not include the conviction.  But there is a provision of imprisonment up to five years. The accused is in jail for almost three years. He is entitled to be released on bail.