New Delhi: The Delhi High Court has cancelled the bail of a 65-year-old man accused of repeatedly sexually assaulting a 13-year-girl, saying that granting bail to such offenders will have a deleterious effect on the society and will actually run contrary to the purpose for which the Protection of Children from Sexual Offences (POCSO) Act was enacted.
Reasonable ground to believe accused has committed a heinous offence of penetrative sexual assault on a minor girl: High Court
Justice Subramonium Prasad said that there is a prima facie and reasonable ground to believe that the accused has committed a heinous offence of penetrative sexual assault on a minor girl and bail has been granted to the accused by the trial court ignoring the principles laid down by the apex court for grant of bail. The accused is alleged of committing a serious offence for which he can be given life imprisonment and the apex court in cases where bail has been granted without fulfilling the basic and necessary requirements has been cancelled regardless of the fact that the accused has been granted bail for good period of time.
Granting bail to such offenders will have a deleterious effect on society: High Court
“No doubt, courts ordinarily do not interfere with orders granting bail but as laid down by the Apex Court, when basic requirements necessary for grant of bail are completely ignored by the Trial Court, the High Court would be justified in cancelling the bail. This court is of the opinion that granting bail to such offenders will have a deleterious effect on the society and will actually run contrary to the purpose for which POCSO Act was enacted,” Justice Prasad said while cancelling the bail granted to the accused and directing him to surrender before the trial court on August 9.
What are the allegations against accused?
As per the prosecution, from January 10, 2019, accused, who lived in the neighbourhood, used to take the minor victim to a bathroom in a building and remove her clothes, insert his fingers in her vagina, applied his mouth on her vagina and on her breast. When the accused had taken the victim to a bathroom in a building on October 9, 2019, some person had seen the accused taking the victim to the bathroom and the victim was rescued from the bathroom. When the victim was taken to the hospital, it was revealed that the 13-year-old girl child victim has a history of repeated sexual assault and the last episode was on October 9, 2019. by the accused. Chargesheet against the accused has been filed for offences under section 376 of the Indian Penal Code (IPC) and section 6 of the POCSO Act.
The High Court said that the complaint, the depositions and the supplementary statement of the victim clearly brings out a case of penetrative sexual assault and the trial court has completely erred in ignoring the testimony given in court and has come to a conclusion that it has not been alleged that the accused has applied his mouth on such parts of the victim as mentioned in clause (d) of section 3 of the POCSO Act.
“In view of the above, considering the law laid down by the Apex Court this Court is inclined to cancel the bail granted to Respondent No.2/accused,” the High Court said and added, “Resultantly, Respondent No.2/accused is directed to surrender before the Trial Court on 09.08.2024.”
