The Delhi High Court has canceled the bail of a 60-year-old individual who was charged with the rape of a 13-year-old girl
Court Overturns Trial Court’s Bail Decision:
The Delhi High Court has annulled the bail granted to a 60-year-old man accused of raping a 13-year-old girl. This decision underscores the Court’s stance on ensuring that the fundamental requirements for granting bail are adhered to.
High Court’s Observations:
Justice Subramonium Prasad stated that while interference with bail orders is uncommon, it is warranted when a trial court neglects essential criteria. The High Court emphasized that granting bail in this case would have a harmful impact on society and contradict the objectives of the Protection of Children from Sexual Offences (POCSO) Act.
The Court’s action followed a plea from the victim’s father challenging the August 27, 2022, bail order from the trial court. The High Court noted that the trial court had failed to properly consider the prosecutrix’s testimony before granting bail to the accused.
Details of the Case:
The accused was alleged to have repeatedly assaulted the minor girl, starting from January 10, 2019. Reports indicate that the accused would take the victim to a bathroom, where he engaged in acts of sexual assault, including vaginal penetration and other forms of abuse. The abuse was interrupted on October 9, 2019, when a bystander noticed the accused and the victim in the bathroom, leading to the victim’s rescue.
The accused faces charges under Section 376 (rape) of the Indian Penal Code (IPC) and Section 6 (aggravated penetrative sexual assault) of the POCSO Act. The High Court found that the trial court’s bail order did not adequately reflect the gravity of the charges and the victim’s testimony.
Legal Representation:
– For the Victim’s Father: Advocates Navneet R and Roopali Lakhotia
– For the State: Additional Public Prosecutor (APP) Tarang Srivastava
– For the Accused: A large team including advocates Dinesh Mudgil, Anmol Gupta, Bhairabi Das, Sanjana Sharma, Namrata Dua, Nagma, Swati, Vineet Bahl, Abhishek, Sunny Paw, Prashant Dahiya, Abhinav Bhatnagar, and Ankit Malhotra
The High Court’s ruling reinforces the need for trial courts to consider the full context and evidence before making bail decisions, especially in cases involving severe allegations like sexual assault.
(With inputs from agency)
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