Delhi HC Quashes Bail Granted to 60-YO Accused of Raping Minor Girl

The Delhi High Court has revoked the bail of a 60-year-old man accused of raping a 13-year-old girl.

Justice Subramonium Prasad, presiding over a single bench, emphasized that although courts typically refrain from interfering with bail orders, releasing the accused in this instance would have a harmful impact on society.

The case arose from a plea filed by the victim’s father, who challenged the trial court’s decision on August 27, 2022, to grant bail to the accused. It was alleged that from January 10, 2019, the accused repeatedly took the minor girl to a bathroom in a building, where he would undress her, insert his fingers into her vagina, and engage in oral contact with her vagina and breasts.

The victim was rescued on October 9, 2019, when the accused was spotted with her in a bathroom by a passerby. The accused was subsequently charged under Section 376 (rape) of the Indian Penal Code (IPC) and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act (POCSO Act).

Upon reviewing the case, the High Court determined that the testimony of the prosecutrix clearly established a prima facie case under Section 3 of the POCSO Act against the accused. The Court criticized the trial court for not considering the prosecutrix’s testimony when granting bail.