"Justice System Will Act Decisively To Protect The Most Vulnerable Members Of Society": Delhi HC Dismisses Bail Plea of POCSO Accused

The High Court was considering a bail application filed under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on behalf of the applicant seeking the grant of regular bail in a case registered under Sections 75/76 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 10 &12 of the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act).

The Single Bench of Justice Swarana Kanta Sharma said, “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. When such offences are committed by individuals the victim trusts, the impact is even more severe, both for the victim and society at large.”

Advocate Rizwan Durrani represented the Applicant while APP Raj Kumar represented the Respondent-State.

Factual Background

The FIR in question was registered on the complaint of victim ‘S’ in which she had stated that her friend, the accused’s daughter, had taken her to her house. The accused/applicant called her at the terrace to help him and when she reached at the terrace, the accused asked her to remove her clothes. When she refused to do the same, the accused removed her trouser and also touched her chest. Thereafter, she pushed him and ran back towards her home. She had disclosed the said incident to her teacher in her school, and thereafter, the mother of the victim was informed about the same. When the statement of the victim was recorded under Section 183 of the BNSS, she further stated that the accused had also removed his pants and tried to molest her. The present applicant was thus arrested.

Reasoning

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 BNSS clearly mentioned as to how the victim, who is only 13 years of age, had been sexually assaulted by her neighbour, whom she addressed as ‘chacha’.

The Bench discarded the contention of the applicant regarding the delay in lodging the FIR by saying, “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 victim is of a tender age and the incident would have scared her considerably.”

The Bench took note of the profound trauma suffered by the minor vicitm 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 Principal and teacher, instead of silencing or ignoring the child’s plight, acted responsibly and informed the parents, which led to the registration of the present FIR. Their actions serve as a commendable example of the importance of supporting victims in such situations.”

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.”

Cause Title: Subhan Ali v. The State Nct of Delhi and Anr. (Neutral Citation: 2025:DHC:336)

Appearance:

Applicant: Advocates Rizwan Durrani, Malik Abdurrahman, Himanshu Gupta, Shivam & Ali Muzaffar

Respondent: APP Raj Kumar

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