Court considers limited role and lack of evidence suggesting knowledge of crime while granting bail
In a significant judgment delivered on May 25, 2026, the Delhi High Court granted anticipatory bail to Ms. Zainab Khatoon, who was accused of facilitating an alleged sexual assault under Sections 64(1)/351/3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 6 of the POCSO Act, 2012. The court, presided over by Justice Girish Kathpalia, considered the limited role of the accused and the absence of evidence indicating her knowledge of the alleged crime while making the decision.
The case involved allegations that Ms. Khatoon had bolted the door from outside, leaving the prosecutrix, nearing the age of majority, in a room with a male individual known as "M," who was stated to be a Child in Conflict with Law. It was alleged that M forcibly carried out sexual intercourse with the prosecutrix. The accused was also charged with threatening the prosecutrix to maintain silence about the incident.
During the proceedings, the learned counsel for Ms. Khatoon argued that the relationship between the prosecutrix and M was consensual, supported by photographs depicting their romantic involvement. The court acknowledged that while a romantic relationship does not justify forcible sexual intercourse, the accused's role seemed limited to providing privacy, with no evidence of her awareness of any intention to commit an offense.
The court also noted that the prosecutrix's age and the absence of a specified date for the alleged incident played a part in assessing the situation. The medical examination of the prosecutrix was inconclusive, stating that "sexual assault cannot be ruled out" without detailing parameters to substantiate this claim.
Justice Kathpalia stated that given Ms. Khatoon's limited role and her status as a lady, it was not a fit case to deprive her of liberty. Therefore, the court directed that in the event of her arrest, she should be released on bail, subject to furnishing a personal bond of Rs. 10,000 with a surety of the same amount. Additionally, the accused is required to join the investigation whenever directed in writing by the investigating officer.
The judgment emphasizes that nothing observed in the order should prejudice either side at the final trial stage, ensuring a fair judicial process continues as the case progresses.
Bottom line:-
Anticipatory bail granted to a lady accused of facilitating an alleged sexual assault, considering her limited role of providing privacy to the prosecutrix and the accused, and no evidence suggesting her knowledge of the intention to commit the offence.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 64(1)/351/3(5), POCSO Act, 2012 Section 6
Ms. Zainab Khatoon v. State Govt Of NCT Of Delhi, (Delhi) : Law Finder Doc id # 2906385
