Court emphasizes gravity of allegations, consistent testimony of minor victim, and statutory provisions under POCSO Act to refuse bail
In a significant ruling, the Delhi High Court has denied bail to Vicky Kashyap, accused of committing aggravated penetrative sexual assault on a minor girl aged 12-13 years. The court, presided over by Dr. Swarana Kanta Sharma, J., emphasized the grave nature of the allegations, the consistent testimony of the minor victim, and the statutory scheme of the Protection of Children from Sexual Offences (POCSO) Act as key reasons for denying bail.
The case, arising from an FIR registered at Police Station Moti Nagar, involves serious charges under various sections of the Indian Penal Code (IPC) and the POCSO Act. The prosecutrix alleged that the accused took her to a secluded room on a false pretext and sexually assaulted her. Despite arguments from the defense regarding alleged inconsistencies in the victim's statements and the lack of conclusive medical evidence, the court found the victim's consistent statements to police, magistrate, and trial court to be credible.
The court noted that in cases of child sexual abuse, the testimony of the victim, if consistent and trustworthy, is sufficient to deny bail, and issues relating to delay or medical opinion are matters for trial. The decision underscores the judiciary's commitment to upholding the rights and protection of minors against sexual offenses.
Further, the court raised concerns over the disclosure of the prosecutrix's identity in the status report filed by the Investigating Officer. Directions were issued to ensure strict compliance with laws prohibiting such disclosures, emphasizing the protection of victim identity in sexual offense cases.
Bottom Line:
Bail application in a case involving grave sexual assault on a minor - Denied due to the seriousness of allegations, consistent testimony of the minor victim, and the tender age of the prosecutrix.
Statutory provision(s): Indian Penal Code, 1860 - Sections 342, 376(2)(i)(n), 354(C), 505-II; Protection of Children from Sexual Offences Act, 2012 - Sections 6, 12; Criminal Procedure Code, 1973 - Section 164
Vicky Kashyap v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2843655
