The Bombay High Court recently rejected the plea for interim bail from a 73-year-old man who had been convicted of raping and impregnating his intellectually disabled house help.

Single-judge Justice MM Sathaye noted that there was evidence indicating efforts to conceal the crime. He emphasized that the victim's consent was irrelevant, given that her intellectual quotient (IQ) was only 42 percent.

"There is material to indicate prima facie that attempts were made to hush up the incident and get rid of the pregnancy. Though the victim was 23 years old at the time of incident (based on birth certificate Ex. 100), she has been found to be mentally retarded, and her IQ has been found to be 42% as per psychiatrist report Ex. 69. Therefore, the consent aspect is not material," the Court held.

The interim bail application was filed as part of the man's ongoing appeal against his 20-year prison sentence, which was imposed by a sessions court in September 2022 following his conviction on multiple charges of rape under the Indian Penal Code (IPC).

The case originated in January 2017 when the victim, who worked as a domestic helper in the man's home alongside her mother, was raped while his wife was away. The assaults led to her pregnancy. The man and his family reportedly attempted to silence the victim and her mother, pressuring them to have an abortion. When these attempts failed, a formal complaint was filed, resulting in his arrest and conviction.

During the interim bail hearing, the man's counsel argued that there were inconsistencies in the DNA sample collection process. He also cited his client's advanced age, existing health conditions (diabetes and high blood pressure), and the fact that he had already spent over seven years in custody.

In response, the prosecution presented conclusive DNA evidence confirming the paternity of the victim's child and highlighted the documented efforts to intimidate the victim and her mother.

Advocate Aniket Vagal appeared for the convicted man.

Additional Public Prosecutor RD Humane appeared for the State.

Advocate Harshad Inamdar appeared for the victim.

Ultimately, the Court rejected the bail application but expedited the appeal hearings, taking the man's advanced age into consideration.