Delhi High Court Denies Bail in Minor Sexual Assault Case
Court Ruling on Bail Application
New Delhi, Jan 9: The bail request of an individual accused of sexually assaulting a minor has been rejected by the Delhi High Court. The court emphasized that it cannot evaluate evidence at this stage and must consider the gravity of the crime.
A single-judge bench led by Justice Girish Kathpalia turned down the regular bail plea submitted by the accused, who faces charges under Sections 376, 354, and 506 of the Indian Penal Code, along with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
The prosecution's case emerged from the minor girl's statement, which claimed that the accused, residing on the ground floor of her building, had been sexually harassing her since August 2021 through inappropriate touching and forced kissing.
Additionally, the girl alleged that the accused attempted to engage in sexual relations with her several times and, on September 16, 2021, when she was home alone, he sexually assaulted her before she managed to push him away and he escaped.
After informing her mother about the incident, the mother confronted the accused and reported the matter to the police.
The defense argued that there were numerous contradictions in the girl's statements, referencing her testimonies under Sections 161 and 164 of the Criminal Procedure Code (CrPC). They also pointed out inconsistencies in the testimony of the girl's mother.
However, the Delhi High Court found these arguments insufficient to justify bail. Justice Kathpalia stated, "The arguments presented by the accused/applicant have been acknowledged only to be dismissed."
He further noted, "The evaluation of evidence must consider the young age of the sexual assault victim. Moreover, as correctly pointed out by the prosecutor, this court cannot conduct a detailed examination of the evidence at the bail stage."
The court also remarked that the severity of the offense, particularly given the girl's young age, must be a significant consideration. Justice Kathpalia concluded, "I do not deem this a suitable case for granting bail. Hence, the bail application is denied," highlighting that the trial is ongoing and that five out of the 16 prosecution witnesses have already testified.