The Delhi High Court has refused to grant bail to a faith healer/maulvi for exploiting and raping a minor girl under the guise of treating her. The High Court noted that the victim and her family were made to believe that the applicant could cure her illness, and he allegedly misused that trust.

The High Court was considering an application filed on behalf of the applicant seeking the grant of regular bail in a case registered under Section 376 of the Indian Penal Code, 1860 (IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The Single Bench of Justice Swarana Kanta Sharma held, “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.”

Advocate Sumit Sharma represented the Petitioner, while Additional Public Prosecutor Naresh Kumar Chahar represented the Respondent.

Factual Background

A minor girl alleged that she was sexually assaulted by the accused/applicant, who was stated to be a Maulvi residing in Mubarakpur. She alleged that during the treatment, the accused asked her inappropriate questions and later visited her house in the evening, where he insisted on treating her alone. It was was alleged that the accused told her that she was under the influence of a jinn and it could only be removed through obscene acts, after which he committed sexual assault on her. Out of fear, she did not disclose the incident immediately, but narrated the same to her mother the next morning, following which the police were informed. Thereafter, the prosecutrix was medically examined, and the FIR came to be registered.

Reasoning

On a perusal of the facts of the case, the Bench noted that the prosecutrix 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, had started approaching persons performing faith healing. “This Court is of the view that the material placed on record prima facie reflects that the applicant took undue advantage of the vulnerable physical and mental condition of the prosecutrix as well as the blind faith reposed in him by her family”, it stated.

The Bench also noticed that the statement of the prosecutrix recorded under Section 164 CrPC supported the case of the prosecution, and she had narrated in detail in her testimony as to how she was sexually assaulted by the applicant. Reference was also made to the judgment of the Apex Court in X v. State of Rajasthan (2024), wherein it has been 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 to entertain bail applications of the accused.

Dismissing the bail application, the Bench directed that the trial should be expedited.

Cause Title: Mohd Mubarak v. State (NCT of Delhi) (Case No.: Bail Appln. 4956/2025)

Appearance

Petitioner: Advocates Sumit Sharma, Narender, Raju Thakur

Respondent: Naresh Kumar Chahar, Additional Public Prosecutor

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Delhi High CourtJustice Swarana Kanta Sharma

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.