The Delhi High Court has dismissed a bail application of a man booked under the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act) for assaulting a 13-year-old girl. The court emphasized that the justice system must act decisively to protect the most vulnerable members of society, particularly children, from such heinous crimes. This issue was headed by Single Bench of Justice Swarana Kanta Sharma.
New Delhi: The Delhi High Court has dismissed a bail application of a man booked under the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act) for assaulting a 13-year-old girl. The court emphasized that the justice system must act decisively to protect the most vulnerable members of society, particularly children, from such heinous crimes. The Single Bench of Justice Swarana Kanta Sharma stated,
“One must always remember that crimes of sexual assault against minors are not just violations of their physical integrity but also attacks on their innocence and sense of safety, and often leave permanent psychological scars.”
The case in question involved a 13-year-old girl who was sexually assaulted by her neighbor, whom she addressed as ‘chacha’. The accused had called the victim to his terrace, asked her to remove her clothes, and touched her chest. When she refused, he removed her trouser and tried to molest her. The victim, who was only 13 years old, demonstrated commendable courage by confiding in her school teacher, who informed her parents, leading to the registration of the FIR.
The Bench found the contention of the applicant that there was no incriminating evidence against him and there were improvements in the statement of the victim to be unmerited. The statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) clearly mentioned how the victim had been sexually assaulted by her neighbor. The court discarded the contention of the applicant regarding the delay in lodging the FIR, stating,
“In this Court’s opinion, in a case of a victim, who is 13 years of age, who has been sexually assaulted by a person known to her, whom she address as ‘chacha’ and who lives in adjoining house where she had gone to play with his daughter, who was her friend, when the accused had sexually assaulted her, it is understandable that she could not have gathered courage to inform about the incident to her parents.”
The Bench took note of the profound trauma suffered by the minor victim and noted,
“The victim in this case, despite her young age, demonstrated commendable courage by confiding in her school teacher, as she was unable to bear the trauma caused by the violation of her body and dignity.”
The court appreciated the actions of the Principal and teacher, who instead of silencing or ignoring the child’s plight, acted responsibly and informed the parents, leading to the registration of the FIR.
Dismissing the bail application, the Bench held,
“Therefore, in cases like the present, the Courts must send a strong and clear message, through its orders and judgments, that such acts will not be condoned and that the justice system will act decisively to protect the most vulnerable members of society.”
This judgment sets a significant precedent in the fight against child sexual abuse, emphasizing the need for the justice system to protect the rights of children and ensure that offenders are held accountable for their actions.
Case Title: Subhan Ali v. The State Nct of Delhi and Anr. (Neutral Citation: 2025:DHC:336)
Read the Judgement here:
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