The Delhi High Court dismissed the bail application of a man accused of sexually assaulting a minor girl, observing that at the stage of bail, the court cannot scrutinise the evidence and must keep in mind the severity of the offence.
A single-judge Bench of Justice Girish Kathpalia rejected the regular bail application filed by the accused, who was booked in an FIR registered at Mehrauli police station for offences under Sections 376, 354, and 506 of the Indian Penal Code, as well as Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
According to the prosecution, the case was registered following the statement of the minor girl, who alleged that the accused, living on the ground floor of the same house, had been sexually harassing her since August 2021 by inappropriately touching and forcibly kissing her.
The prosecutrix further alleged that the accused tried to establish sexual relations with her multiple times and, on September 16, 2021, when she was alone at home, he sexually assaulted her before she managed to push him away, and he fled.
After she disclosed the incident to her mother, the latter apprehended the accused and informed the police.
In support of the bail application, counsel for the accused argued that there were multiple contradictions in the statements of the prosecutrix, referring to her depositions under Sections 161 and 164 of the Criminal Procedure Code (CrPC).
It was further contended that the testimony of the prosecutrix’s mother also contained several inconsistencies.
The Delhi High Court found none of these arguments sufficient to merit bail. “The arguments advanced on behalf of the accused/applicant have been noted above simply to be rejected,” Justice Kathpalia said.
“Firstly, the appreciation of evidence has to be carried out keeping in mind the tender age of the victim of sexual assault. Secondly, as rightly submitted by the learned prosecutor, at the stage of bail, this court cannot meticulously analyse the evidence on record,” the order added.
The Delhi High Court further observed that “at this stage, in the present case, severity of offence, especially the tender age of the girl child, has to be kept in mind.”
“I do not find it a fit case to release the accused/applicant on bail. Therefore, the bail application is dismissed,” observed Justice Kathpalia, noting that the trial is still pending and that five of the 16 prosecution witnesses have already been examined.
