HC cancels bail of 65-year-old man in girl's sexual assault case, asks him to surrender

New Delhi, Aug 6 (PTI) The Delhi High Court has cancelled the bail of a 65-year-old man, accused of sexually assaulting a girl, saying granting the relief to such offenders will have a deleterious effect on the society.

Justice Subramonium Prasad said ordinarily, courts do not interfere with orders granting bail, but when basic requirements necessary for giving the relief 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 the Protection of Children from Sexual Offences (POCSO) Act was enacted," the judge said in an order passed on August 2.

He further said there was a prima facie and reasonable ground to believe that the accused had committed a heinous offence of penetrative sexual assault on a minor.

The court said it was inclined to cancel the bail granted to the accused and directed him to surrender before the trial court on August 9.

According to the prosecution, the accused, then 60 years old, had taken the victim, who was 13 years of age at the time of the incident in October 2019, to a bathroom of a building when she was returning home and sexually assaulted her.

Some person had seen the accused taking the girl to the building and gone to rescue her, the prosecution said.

For a medical check-up, the victim was taken to a hospital, where it was recorded that she had a history of repeated sexual assaults and the last episode was on October 9, 2019 by the accused, who was his neighbour.

A case was registered at the Kapashera police station here against the man for the alleged offence of sexually assaulting the minor.

In August 2022, he was granted bail by the trial court, which had observed that the offence of sexual assault was made out against the accused and not penetrative sexual assault that entails an imprisonment of not less than 10 years and extendable up to a life term.

The victim's father approached the high court challenging the trial court's order and contended that the entire reasoning of the trial court was perverse. The prosecution also supported the victim's plea.

The counsel for the accused had submitted that his client was granted bail in February 2022, he has not violated any of the bail conditions and the trial is at its fag-end. The bail granted to him ought not be cancelled after two years, the lawyer had said.

The high court, in its order, said the complaint, depositions and the supplementary statement of the victim clearly brought out a case of penetrative sexual assault and the magistrate had completely erred in ignoring her testimony given in the court.

"This court is of the opinion that the testimony of the prosecutrix (victim) categorically points out that a case under section 3 (penetrative sexual assault) of the POCSO Act is prima facie made out against respondent no.2 herein. The trial court has not taken into account the testimony of the prosecutrix in the court while granting bail to the accused," it said. PTI SKV RC