Delhi HC Grants Bail To Man Accused Of Flashing, Directs Counselling For Minor Victim

The Delhi High Court has granted bail to a 63-year-old man accused of flashing at a minor girl and directed that the 10-year-old alleged victim be counselled as such incidents leave a “deep trauma”.

The Delhi High Court on Thursday granted bail to a 63-year-old man who was accused of flashing at a minor girl.
Justice Dinesh Kumar Sharma said the accused was an old man and was stated to be mentally unstable.

The court also directed that the alleged 10-year-old victim should undergo counselling due to the deep trauma caused by such incidents.

The judge also noted the man had not touched the girl nor verbally abused her.

The court stated in a recent order, “There is no doubt that such incidents leave a deep trauma on the victim but at the same time, the Court has to strive to maintain a balance…Without going into the merits of the case and taking into account the age of the accused and that he has no past criminal antecedents, the accused is admitted to Court bail on furnishing a personal bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the trial court.”

The court stated, adding an NGO may be involved in counselling, “The IO (investigating officer) is directed to get the counselling session organized for the victim.”

Currently, an FIR has been registered under section 509 (Word, gesture or act intended to insult the modesty of a woman) of IPC and section 12 (Punishment for sexual harassment) of the POCSO Act against the petitioner accused who was arrested on June 24, 2023, and was in judicial custody ever since.

On the morning of June 23, the victim alleged that she was sitting near the staircase of her house when the petitioner, who lives in the same neighborhood, showed his private parts to her and uttered something.

According to the victim’s school records, she was born in June 2013, as confirmed by the court.

In the order, the court directed the petitioner to not directly or indirectly make any threat etc or to any person acquainted with the case and, in case any complaint is received by the police, he shall shift his residence to a location beyond a 5 km radius from the victim’s family home.