The Delhi High Court has granted bail to a 63-year-old man accused of flashing a minor girl while directing the Delhi Police to arrange a counselling session for the traumatized victim. The court observed that such incidents can leave a deep trauma on the victim and acknowledged the need for a balanced approach considering the age and mental condition of the accused.

Justice Dinesh Kumar Sharma, in an order dated August 29, 2023, stated, "There is no doubt that such incidents leave a deep trauma on the victim but at the same time, the court has to strive to maintain a balance." The accused, aged 63, was described as mentally unstable, and the court noted that there was no history of touching or verbal abuse in the case.

The incident came to light on June 23 when the minor girl, a Class III student, reported that the accused, who lived in the neighbourhood, exposed himself to her near the staircase of her house and uttered something. The complaint resulted in the registration of a case under Section 509 of the Indian Penal Code (IPC) and Section 12 of the Protection of Children From Sexual Offences Act, 2012 (POCSO Act).

Upon his arrest on June 24, the accused was denied bail by a POCSO Court on July 14. Subsequently, the Delhi High Court granted bail to the accused on certain conditions, including furnishing a personal bond of Rs.20,000 with a surety of the same amount.

Recognizing the trauma the incident had caused the minor girl, the High Court directed the Delhi Police to organize a counselling session for her. The Court ordered, "The IO is directed to get the counselling session organized for the victim. In this regard, some NGO/CWS may be contacted, and appropriate counselling sessions be conducted."

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Rajesh Kumar