Bail granted to school principal accused of misconduct with autistic student revoked due to lack of substantial change in circumstances and improper judicial discretion.
In a significant ruling, the Andhra Pradesh High Court has canceled the bail granted to a school principal accused of sexual misconduct with a minor autistic student. The decision, rendered by Justice Dr. Venkata Jyothirmai Pratapa, highlighted the improper exercise of discretion by the trial court and the necessity of considering the victim's vulnerability and the gravity of the allegations.
The case involved a 16-year-old girl, suffering from autism, who alleged that the school principal behaved indecently with her, exploiting her mental condition. Following the accusations, the police arrested the accused, and his initial bail application was rejected. However, a subsequent application was granted just a week later, despite no substantial change in circumstances.
The High Court underscored that successive bail applications require a substantial change in circumstances, which was absent in this case. The court emphasized the need for sensitivity in cases involving victims with special needs, criticizing the trial court for doubting the victim's account due to her autism.
The judgment also took into account the allegations of intimidation by the accused's relatives, who reportedly attempted to influence the victim's family to withdraw the case. The court noted that a separate crime was registered regarding these allegations, supporting concerns about potential interference with the trial.
Citing various precedents, including judgments from the Supreme Court, the High Court reiterated that the nature and gravity of the offense, alongside the vulnerability of the victim, are critical considerations in bail decisions. It found the trial court's order granting bail to be unsustainable, warranting cancellation.
The court's decision reflects a commitment to ensuring justice in cases involving heinous crimes against vulnerable individuals, particularly minors with disabilities. The accused has been directed to surrender, with the police authorized to take necessary steps to secure his presence if he fails to comply.
Bottom line:-
Bail granted to the accused in a POCSO case involving a minor victim with autism canceled due to lack of substantial change in circumstances, improper exercise of discretion by the trial court, and failure to consider the gravity of the allegations and vulnerability of the victim.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3); Protection of Children from Sexual Offences Act (POCSO Act), Sections 6 and 8; Bharatiya Nyaya Sanhita, 2023, Sections 75(1), 64, 64(2)(f).
