Delhi High Court Revokes Bail in Child Assault Case
The Delhi High Court overturned a trial court's decision to grant bail to an accused in a sexual assault case involving a three-year-old girl. It found that crucial aspects were overlooked. The accused must surrender to the jurisdictional POCSO Court, as significant factors demand further investigation.
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- India
In a significant judicial move, the Delhi High Court annulled a trial court's decision to grant bail to a man accused of sexually assaulting a three-year-old girl. The High Court accused the Sessions Court of neglecting critical details in the case, emphasizing that bail was granted prematurely, only a week post-arrest, when investigative procedures were still ongoing.
Justice Vinod Kumar responded to petitions from the state and the victim's mother, who challenged the May 7 order by the Additional Sessions Judge under Section 64(1) of the Bharatiya Nyaya Sanhita and Section 6 of the POCSO Act. The Delhi High Court pointed out that the trial court insufficiently considered the child's allegations and circumstantial evidences before releasing the accused on bail.
The court highlighted the victim's immediate complaint of pain and subsequent identification of the accused. CCTV evidence further placed the accused at the scene, strengthening the case against him. Despite the absence of physical injury or evidence on a tissue paper, the court contended that these should not negate the child's claims at this juncture of the investigation.
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