Delhi High Court: In a bail application filed by the applicant (‘accused’) under Section 483 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking grant of regular bail in a case registered under Sections 75/76 of the Bharatiya Nyaya Sanhita, 2023 and Sections 10/12 of the Prevention of Children from Sexual Offences Act, 2012, Swarana Kanta Sharma, J., stated that the present case reflected a profound trauma suffered by the victim, a minor, at the hands of a person she trusted — her neighbour, in whose house she had gone to play, and whom she addressed as chacha.
The Court stated that the crimes of sexual assault against minors were not just violations of their physical integrity but also attacked their innocence and sense of safety and often leave permanent psychological scars. Thus, considering the overall facts and circumstances of the case, the Court stated that no case for grant of regular bail was made out at this stage, and accordingly, dismissed the present application.
Background
In the present case, the FIR was registered on the victim’s complaint, wherein she stated that on 15-07-2024, her friend, who was the accused’s daughter, took the victim to her house. At the house, the accused, called the victim at the terrace for helping him. When she reached at the terrace, the accused had asked her to remove her clothes and when she had refused to do so, the accused had removed her pajami and touched on her chest. Thereafter, she had pushed him and run back towards her home, but she did not inform anyone about the incident.
Further, the victim stated in her complaint that she had disclosed the said incident to her teacher in the school and the thereafter, the mother of the victim was called at the school, and she was informed about the whole incident. The victim’s statement was recorded under Section 183 of BNSS, in which she reiterated her allegations made in the complaint and further stated that on the date of the incident, the accused had also removed his pants and tried to enter his fingers into her private part and had also tried to insert his private part into her back side. The accused was arrested in connected with the present case on 23-07-2024.
Analysis, Law, and Decision
The Court stated that in a case of a thirteen years old victim, who was sexually assaulted by a person known to her, whom she addressed as ‘chacha’, and who lived in adjoining house, it was understandable that she could not have gathered courage to inform about the incident to her parents. The victim was of a tender age and the incident would have scared her considerably. Therefore, the contention of the accused that the delay in lodging of the FIR created a doubt regarding the veracity of the victim was unmerited.
Further, regarding whether the incident had taken place, the Court stated that the victim’s statement recorded before the Trial Court revealed that, she had fully supported the prosecution case and the sequence of events, which were natural in the case of a 13-year-old girl, who found it more comfortable to confide it to her school teacher and Principal than to her parents in the first instance.
The Court stated that the present case reflected a profound trauma suffered by the victim, a minor, at the hands of a person she trusted — her neighbour, in whose house she had gone to play, and whom she addressed as chacha. It was a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.
The Court stated that 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 served as a commendable example of the importance of supporting victims in such situations.
The Court stated that the crimes of sexual assault against minors were not just violations of their physical integrity but also attacked their innocence and sense of safety and often leave permanent psychological scars. When such offences were committed by individuals the victim trusts, the impact is even more severe, both for the victim and society at large. Therefore, in cases like the present, the Courts must send a strong and clear message, through its orders and judgments, that such acts would not be condoned, and that the justice system would act decisively to protect the most vulnerable members of society.
The Court observed that the allegations against the accused were serious and grave in nature. Thus, considering the overall facts and circumstances of the case, the Court stated that no case for grant of regular bail was made out at this stage, and accordingly, dismissed the present application.
[Subhan Ali v. State (NCT of Delhi), Bail Appln., 4422 of 2024, decided on 15-01-2025]
Advocates who appeared in this case :
For the Petitioner: Rizwan Durrani, Malik Abdurrahman, Himanshu Gupta, MShivam and Ali Muzaffar, Advocates.
For the Respondent: Raj Kumar, APP for the State.
