Delhi HC junks bail plea of senior citizen in minor's sexual assault case

New Delhi, Aug 28 (PTI) The Delhi High Court has denied bail to a 70-year-old man for allegedly sexually assaulting a 10-year-old girl, saying the wide disparity in age aggravated the severity of the offence and raised serious concerns regarding "exploitation" and "abuse of trust".

Justice Ajay Digpaul rejected the man's contention that the minor's medical examination did not reveal any external or internal injury suggestive of sexual assault, saying children may not resist sexual assault with the same force as adults.

"The contention of the applicant regarding the absence of injuries in the medical examination is equally unpersuasive. It is a settled proposition that the absence of physical injuries does not, ipso facto, dislodge the prosecution case, particularly in cases involving child victims," the order read.

The high court in its August 25 order continued, "Children may not resist sexual assault with the same degree of force as adults, and the nature of assault may not always result in visible or lasting injuries." On the claim that the FSL report did not yield any incriminating evidence connecting the man to the alleged act, the court said forensic evidence was only one aspect of investigation.

"Where there exists direct evidence in the form of clear, cogent, and trustworthy testimony of the victim, especially a child victim, it is not always necessary that scientific evidence will also exist. The absence of DNA or biological evidence, therefore, cannot be determinative of the veracity of the charge at this stage," the judge added.

The man was booked and arrested in October 2023 in the case.

He sought bail on the ground that he was suffering from old age ailments and had no criminal record.

The trial, it was argued, was at the stage of prosecution evidence and a considerable time would lapse before it saw the conclusion with his prolonged incarceration serving no purpose.

The court, however, held, "The greater the age gap between the victim and the accused, the more heinous the nature of the offence and the more stringent should be the approach of the court at the stage of bail." The judge found no case for granting bail at the present stage, pointing out the serious nature of allegations against the man. PTI SKV SKV AMK AMK