New Delhi- The Delhi High Court recently refused bail to Mohd. Shakir, the main accused in the gruesome rape and murder of a woman inside the premises of GB Pant Hospital in May 2023. Justice Dr. Swarana Kanta Sharma termed the case a "disturbing account of human cruelty" where the victim was subjected to a brutal physical and sexual assault that left her face mutilated, her body bearing clear marks of violence, and ultimately led to her death.

The court expressed deep anguish that such a "barbaric and inhuman crime" could occur within the gate of a hospital, an institution meant to preserve life. The victim, who worked as an 'aaya' (ward attendant) in the same hospital, was found grievously injured outside the emergency ward on the night of May 1, 2023.

The court remarked, "Regrettably, this case highlights that female workers in hospitals are also vulnerable to sexual violence within the hospital building itself. As in the present case, the victim, who was working as an 'aaya', fell prey to the brutality with which she was sexually assaulted in the AC plant room of the hospital, leading to her death."

The court meticulously detailed the prima facie evidence against the accused, which includes:

1. Before succumbing to her injuries on May 7, 2023, the victim, in her initial statement to the police, named Mohd. Shakir as her attacker and provided partial digits of his mobile number (75 and 92), which was later confirmed to belong to him.

2. The Medico-Legal Examination Report revealed horrific injuries, including a bite mark on her right cheek, swelling, severe genital injuries, an anal tear, and a 4 cm longitudinal tear. The cause of death was stated as "Septicemia as a complication of intestinal perforation and perineal tear consequent to blunt trauma in an alleged physical and sexual assault."

3. A forensic report concluded that the bite mark on the victim's cheek could not exclude Mohd. Shakir as the biter.

4. Call Detail Records confirmed contact between the victim and the accused. CCTV footage placed the accused inside the hospital, moving towards the third-floor AC plant room—the crime scene—during the exact time frame of the incident.

5. The victim's stolen mobile phone was recovered from another person, who revealed that the accused had given it to him along with a slip of paper bearing his name and number.

The defense's argument that the victim and accused were known to each other was firmly rejected. The court held, "Prima facie, the medical examination of the victim has revealed multiple injury marks on her body, which are reflective of resistance and struggle... A previous relationship or acquaintance cannot be stretched to mean a blanket or continuing consent, nor can it justify any subsequent act of violence."

Bail is Rule" Principle Yields to Gravity of Crime, Says Court

The court also delivered a significant ruling on the principle of "bail being the rule, jail the exception." It stated that this principle cannot be an "unfettered license for grant of bail in every case," especially in cases involving rape and murder where the brutality is prima facie evident.

"The said principle was evolved to guard an accused against arbitrary or punitive pre-trial detention, but it was never intended to operate in cases where the allegations disclose offences of the most heinous nature. In cases involving rape and murder, where the brutality of the act is prima-facie evident from medical and forensic evidence, the argument that bail is a matter of rule must lose its force", the court observed.

"When the material on record prima-facie indicates the applicant’s role in an offence of exceptional depravity, the plea for bail cannot rest on such principles... the claim that 'bail is the rule' must necessarily yield to the higher considerations of justice, social order, deterrence and to provide security to women in society," the court observed.

Expressing profound concern, the court noted that despite the legal reforms after the Nirbhaya case, such incidents continue to shake the conscience of society. "Each such incident serves as a painful reminder that laws alone cannot control such crimes, unless accompanied by their strict enforcement, as well as putting in place effective measures aimed at prevention and deterrence of such offences."

It further noted, " Before parting with this case, this Court deems it pertinent to record that despite the nationwide awakening and legal reforms that followed the Nirbhaya‟s case, incidents of brutal sexual violence continue to surface, which shake the conscience of society. Each such incident serves as a painful reminder that laws alone cannot control such crimes, unless accompanied by their strict enforcement, as well as putting in place effective measures aimed at prevention and deterrence of such offences."

The court directed that a copy of the order be sent to the Chief Secretary and the Law Secretary of the Delhi government, urging them to note the observations and ensure better security in isolated areas of hospital buildings to prevent such crimes.

The bail application was thus dismissed, with the court clarifying that its observations were prima facie and would not influence the final trial.