The Delhi High Court cancelled the bail of a man accused of sexually assaulting a 3-year-old girl, citing that the trial court overlooked crucial aspects of the POCSO case. The accused has been ordered to surrender to the jurisdictional court.
The Delhi High Court on Monday set aside a trial court's order granting bail to a man accused of aggravated penetrative sexual assault on a three-year-old girl, holding that the Sessions Court had overlooked crucial aspects of the case while granting relief.
The High Court directed the accused to surrender before the jurisdictional POCSO Court on July 1 at 2 pm.
High Court's Rationale for Cancelling Bail
Justice Vinod Kumar allowed petitions filed by the State and the victim's mother challenging the May 7 order of the Additional Sessions Judge granting regular bail to the accused in an FIR registered at Janakpuri Police Station under Section 64(1) of the Bharatiya Nyaya Sanhita and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
The High Court observed that the trial court had granted bail barely a week after the accused's arrest, when the investigation was still at a crucial stage. It held that the Sessions Court failed to adequately consider the child's allegations and other surrounding circumstances before releasing the accused on bail.
The Court noted that the three-year-old victim had complained to her mother on the day of the incident about pain in her private parts after allegedly being touched by a man at school. Although she did not initially name the accused, she later identified him before the police and also pointed out the place where the alleged incident had occurred.
The Court observed that there was nothing on record at this stage to suggest any motive for the child or her parents to falsely implicate the accused.
Referring to the CCTV footage, the High Court said it confirmed the accused's presence in the junior wing of the school between 8:13 am and 8:37 am on the day of the alleged incident. The Court held that the trial court had attached undue significance to the accused leaving the premises at 8:37 am while overlooking the victim's version.
The High Court further observed that in the junior school there were only two male staff members, including the accused, making it less likely that the child had mistaken the identity of the alleged offender.
It emphasised that the statements of a child of such tender age cannot be assessed in the same manner as those of an adult and that apparent inconsistencies in narration should not, by themselves, discredit the child's account at the stage of bail.
While the trial court had relied upon the medical examination showing no visible injuries, the High Court held that the absence of injuries or the fact that nothing was found on a tissue paper recovered during the investigation did not justify doubting the victim's version when the investigation was still underway. It also observed that several issues raised by the defence remained under investigation.
The Court distinguished the precedent relied upon by the accused, observing that the earlier case involved a mature prosecutrix and bail had been granted after completion of investigation, whereas in the present matter the victim was only three years old and the investigation was continuing.
Relying on a recent Supreme Court judgment on the grant of bail in POCSO cases, the High Court observed that courts must take into account the gravity of the offence, the statutory rigour of the POCSO Act and the vulnerability of child victims. It held that the trial court had ignored significant factors while granting bail in a case involving allegations of a grave nature.
Accused Ordered to Surrender
Accordingly, the High Court exercised its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, set aside the impugned bail order and directed the accused to surrender before the jurisdictional Additional Sessions Judge (POCSO Court) on July 1, 2026, at 2 pm. (ANI)
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