The Punjab and Haryana High Court refused bail to an accused facing serious charges under the POCSO Act and Bharatiya Nyaya Sanhita, 2023, underscoring that protection of child victims outweighs the accused’s liberty. The Court highlighted that a lenient approach is unacceptable in offences involving sexual assault of minors.
The petition arose from a 2024 FIR registered at Jhajjar Police Station, where a 13 year old girl went missing, allegedly lured by the petitioner and subjected to repeated sexual assaults across Delhi and Uttar Pradesh. The accused was arrested on 25.12.2024 and has been in judicial custody since. While the defence argued for bail, citing that only 5 of 23 prosecution witnesses had been examined and that the accused had been incarcerated for 13 months, the victim’s testimony consistently supported the prosecution’s claims.
The initial statement suggesting voluntary departure was deemed legally irrelevant under POCSO, which presumes minors incapable of consenting to sexual acts.
Justice Neerja K. Kalson emphasised the judiciary’s duty to act as a guardian for children, stating, “The judiciary bears a solemn duty to act as a guardian for those who are incapable to protect themselves… a lenient approach is wholly unwarranted.” The Bench rejected bail, noting that ongoing trial proceedings and minor inconsistencies in the victim’s testimony do not justify release.
The Court instructed the trial court to expedite proceedings, examining at least four prosecution witnesses per effective hearing, and preferably conclude the trial within six months.
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