The Bombay High Court has rejected the bail plea of 73-year-old Bhalchandra Shankar Mhatre, who was convicted of raping his maid’s 23-year-old intellectually disabled daughter.
Justice MM Sathaye, presiding as a single-judge bench, dismissed Mhatre's petition during a hearing. Mhatre was arrested in 2017 and has been in custody since. The high court had admitted his appeal on November 2, 2023.
The incident occurred while Mhatre’s wife was not at home. The victim, employed as a maid in Mhatre’s household for four years, was cleaning a loft when Mhatre raped her twice.
Mhatre argued that discrepancies in the collection of DNA evidence raised doubts about the case. He also cited his advanced age, diabetes, high blood pressure, and over seven years of detention as grounds for bail.
However, the prosecution emphasized that a DNA test conclusively established Mhatre as the father of the child born to the victim. After reviewing the evidence, the court upheld the conviction, stating that the medical findings corroborated the victim's account.
Therefore, while rejecting the bail application the bench said “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 prima facie, consent aspect is not material,” the order states.
Case title: Bhalchandra Mhatre vs State of Maharashtra
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