Source: Delhi High Court 

Why in News? 

Recently, Justice Swarana Kanta Sharma denied bail to the accused in a minor's rape and murder case, citing strong prima facie evidence and the heinous nature of the offence. 

• The Delhi High Court held this in the matter of Rajab Ali Khan v. State of NCT of Delhi (2025). 

What was the Background of Rajab Ali Khan V. State of NCT of Delhi (2025) Case? 

• On 22^nd October, 2018, a father named Abid reported his 10-12 year old daughter missing from Delhi. The girl had left home at 10 AM for tuition classes but never returned by 1 PM. A kidnapping case was initially registered. 
• Six days later, the girl's body was found near Biodiversity Park, Wazirabad. Her family identified the body, and the case became a murder investigation. The victim's mother accused Rajab Ali Khan and his wife Ruksaar (who ran the tuition classes) of kidnapping and murdering her daughter. 
• According to the prosecution, Rajab Ali developed inappropriate feelings for the young girl and asked his wife to bring her to their house for religious classes. On October 22, when the child came for tuition, she was allegedly given water mixed with sleeping pills. While unconscious, she was taken to Rajab Ali's family house where she was sexually assaulted repeatedly over several days. 
• Fearing exposure, the accused allegedly murdered the child by smothering her with a handkerchief on October 27, 2018. He then packed her body in a suitcase and dumped it in the park. 
• Police found strong evidence including CCTV footage showing Rajab Ali at the dumping site with a suitcase, sedative tablets in his possession, and forensic evidence linking him to the crime. The post-mortem confirmed sexual assault and murder. 
• Both accused were charged with kidnapping, rape, murder, and offences under the child protection law. This was Rajab Ali's 12th bail application after being in jail for 7 years.

What were the Court’s Observations? 

• The Delhi High Court noted this was Rajab Ali's 12th attempt to get bail, showing his repeated efforts to secure release from jail. 
• The Court found that the evidence against him was very strong. The victim's mother had dropped her daughter at the accused's house for religious classes, making them the last people to see the child alive. CCTV cameras captured Rajab Ali riding his scooter to the area where the body was found, carrying a suitcase at the exact time the body was dumped. 
• The Court observed that forensic evidence strongly supported the prosecution case. Handkerchiefs found at his house matched the cloth used to strangle the victim. Sedative tablets recovered from him contained drugs that could make someone unconscious. A sewing machine at his house was allegedly used to alter the victim's clothes. 
• Most importantly, the Court noted that the post-mortem report provided "clear medical evidence of repeated sexual assault" with injuries showing "violent and repeated sexual abuse." The timing of these injuries matched when the child went missing. 
• The Court said all these pieces of evidence together formed a "tight and coherent evidentiary chain" pointing directly at Rajab Ali's involvement in the crime. The forensic, medical, and electronic evidence was too strong to ignore. 
• The Court emphasized that in serious crimes like rape and murder, courts should be very careful about granting bail once the trial has started. Given the heinous nature of the crime and the strong evidence against him, the Court found no reason to grant bail. 
• The Court directed the trial court to speed up the case since the accused had been in jail for 7 years, and only 14 out of 36 prosecution witnesses had been examined so far. 

What is Sexual Abuse to Minor - Definition and Scope? 

• Sexual abuse to a minor refers to any form of sexual exploitation, assault, harassment, or inappropriate sexual conduct involving a child (defined as anyone below 18 years of age under the POCSO Act).  
• This includes both contact and non-contact offences that violate a child's physical, emotional, and psychological well-being. 

What are the Legal Provisions Related to Sexual Abuse to Minor? 

• The POCSO Act, 2012 (Protection of Children from Sexual Offences Act) 
  The POCSO Act is the primary legislation protecting children from sexual offences in India. Key features include: 
• Enactment Details: 
• Enacted: June 19, 2012 
• Enforced: November 14, 2012 
• Amended: POCSO Amendment Act, 2019 (effective August 16, 2019) 

What are the Key Offences and Punishments under POCSO? 

What are the Other Relevant Legal Provisions ? 

• Indian Penal Code (IPC) Sections: 
  • Section 375-376: Rape and punishment for rape 
  • Section 376(2): Custodial rape with enhanced punishment (minimum 10 years, extendable to life) 
  • Section 354: Assault on woman with intent to outrage her modesty 
  • Section 509: Word, gesture, or act intended to insult modesty of woman 
• Criminal Law (Second Amendment) Act, 1983: 
  • Added Section 114(A) to Indian Evidence Act 
  • Introduced rebuttable presumption that victim did not consent in rape cases 
  • Shifted burden of proof to accused in cases where sexual intercourse is established 

What are the Legal Reforms Post-Mathura Case? 

• The landmark Tuka Ram v. State of Maharashtra (1979) case led to significant reforms: 
  • Rebuttable Presumption: Courts now presume lack of consent when victim claims so. 
  • Custodial Rape Provisions: Enhanced punishment for rape in custody. 
  • Burden of Proof: Shifted to accused when sexual intercourse is established. 
  • Enhanced Penalties: Stricter punishments for sexual offences. 
• Media and Reporting Obligations: 
  • Section 20: Mandates reporting of sexually exploitative material Section 23: Governs media conduct, restricts disclosure of child's identity without court permission. 
  • Violations: Imprisonment of 6 months to 1 year, fine, or both. 
• Failure to Report: 
  • Section 21: Failure to report or record a POCSO offence. Punishment: Imprisonment up to 6 months, fine, or both. 
  • Section 22: False complaints or false information. Punishment: Imprisonment up to 6 months, fine, or both.