Sexual Assault: Victim Mother Moves Kerala HC Against Sessions Court Order

A plea has been filed in the Kerala High Court by the mother of a 7 year who was alleged to be sexual assaulted by a 57-year-old man.

The petitioner has challenged the August 3 order of Kollam Additional Sessions Judge that granted anticipatory bail to the accused.

A single bench of Justice K. Babu was hearing the matter.

The Case

The accused is alleged to have committed the offense in May 2022. The petitioner asserts that despite promptly informing the police the day after the incident, the First Information Report (FIR) was not registered. It was only after persistent follow-up by the victim’s family that the FIR was eventually filed on July 21, 2023.

Consequently, the accused faced charges under Sections 3 (penetrative sexual assault), 4 (punishment for penetrative sexual assault), 7 (Sexual Assault), and 8 (Punishment for Sexual Assault) of the Protection of Children from Sexual Offences Act (POCSO) and Sections 354 A (1)(i) (sexual harassment and punishment thereof) and 376 (punishment for rape) of the Indian Penal Code (IPC).

Meanwhile, the accused sought anticipatory bail before the Additional Sessions Judge in Kollam. The Sessions Judge, in an order dated August 3, 2023, granted anticipatory bail to the accused, taking into account the delay in registering the case, which occurred after the accused had filed for anticipatory bail.

The petitioner, representing the victim’s mother, contends that the Sessions Court granted anticipatory bail without adequately considering the gravity of the offense. The petitioner also highlights that the lower court failed to take due notice of Section 29 of the POCSO Act, which states that the Special Court should presume the accused’s guilt in cases involving offenses under sections 3, 5, 7, and 9 of the Act, unless proven otherwise.

The petitioner further claims that the accused wields political influence and that he and his family have issued threats to both the petitioner and the victim’s family on multiple occasions. The plea emphasizes that granting bail in such circumstances could jeopardize the case and pose a threat to the victim and evidence.

In light of these concerns, the petitioner seeks the cancellation of the anticipatory bail granted to the accused and the annulment of the Session’s Court order. The plea also calls for directions to the Kadakkal police to initiate necessary steps for the investigation.

During the hearing, the single bench expressed the opinion that the Court below had taken relevant factors into account when granting anticipatory bail. The Court sought the respondent-accused to provide a counter statement in the matter.