Delhi High Court Revokes Bail of Father Accused of Sexual Abuse Against Minor Daughter
Bail granted in a serious POCSO case set aside due to oversight of crucial evidence and ongoing investigation
In a significant legal development, the Delhi High Court, presided over by Justice Neena Bansal Krishna, has revoked the bail of Rajeev Babbar, who was previously granted bail in a case involving grave allegations of sexual abuse against his minor daughter. The initial bail was granted merely six days after his arrest in June 2021, which the court has now deemed unjustified and based on irrelevant considerations.
The case revolves around the allegations of continuous sexual abuse, including rape, harassment, and violence, perpetrated by Rajeev Babbar against his biological daughter, a minor, over a span of four to five years. The initial bail was granted by the Additional Sessions Judge (ASJ) on June 15, 2021, just days after the FIR was registered. The bail decision was challenged by the victim, identified as 'D', through her mother and natural guardian, Mrs. Rupi Babbar, who sought its revocation on the grounds that it was granted without due consideration to the severity of the crimes and the ongoing investigation.
The High Court's judgment emphasized the critical distinctions between the revocation and cancellation of bail. Revocation can occur when it is demonstrated that the bail was granted without proper consideration of the facts, while cancellation is typically due to subsequent events or breaches of bail conditions.
Justice Neena Bansal Krishna highlighted that the ASJ had not fully considered the gravity of the allegations, the ongoing investigation, and the legislative intent of the Protection of Children from Sexual Offences Act (POCSO), particularly Sections 29 and 30 which presume the culpability of the accused unless proven otherwise.
The court also noted the potential for evidence tampering, given that the accused was allowed to access his previously seized mobile phones. The court found the initial bail order to be based on irrelevant and arbitrary considerations, such as the ongoing matrimonial disputes between the accused and the petitioner's mother, which were deemed unrelated to the criminal charges.
The court's decision underscores the importance of upholding the legislative intent behind the POCSO Act, which mandates a presumption of guilt in cases of sexual offences against minors. The High Court's revocation of bail reflects a commitment to ensuring that such cases are handled with the seriousness they warrant, especially when it involves the safety and well-being of a child.
The accused, Rajeev Babbar, has been directed to surrender within seven days, and the order has been communicated to the concerned Additional Sessions Judge for enforcement.
Bottom Line:
Bail granted in a case involving serious allegations of sexual abuse against a minor by her biological father set aside due to failure to consider relevant material facts, erroneous observations, and ongoing investigations.
Statutory provision(s): Protection of Children from Sexual Offences Act (POCSO), 2012 - Section 29, Section 30, Indian Penal Code, 1860 - Section 354, Section 354A, Section 377, Section 323, Section 376
