In a bail application filed before the Delhi High Court regarding a First Information Report (FIR) for commission of offence under Sections 376/506 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), a Single Judge Bench of Justice Girish Kathpalia denied bail to the applicant stating that the bodily integrity of a child must be respected.
It was alleged that the applicant repeatedly raped his 11-year-old stepdaughter and threatened her not to disclose this in front of anyone. The applicant submitted that he had been in jail since May 2023 and had been falsely implicated. He asserted that the victim was much older than 11 years at the time of the alleged incident and that there were contradictions in her mother’s testimony.
Noting the contentions regarding the discrepancy in the victim’s age, the Court stated that the applicant himself had submitted an affidavit before the school authorities, testifying to the victim’s date of birth, and that, based on that date, the victim was 11 years old at the time of the incident.
The Court found it significant that the issue of the victim’s consent was not raised, and hence, whether the victim was a minor or major at the time of the incident would not make a difference to the applicant’s case. Regarding the contradictions in the testimony of the victim and her mother, the Court found it sufficient that they had supported the prosecution’s case.
The Court noted the applicant’s contention that the victim’s refusal to undergo an internal examination was a ground for bail, but was not convinced by this argument. It was said that the bodily integrity of a child must be respected, and if she did not wish to undergo said examination, the State had no business to add insult to her injury. Thus, the Court denied bail to the applicant.
Appearances:
For Applicant – Ms. Medhavi Tyagi
For Respondents – Mr. Hemant Mehla (APP)
