The Delhi High Court has denied bail to a man charged with the sexual assault of his eight-year-old daughter, emphasizing the severity of the allegations and the protective intent of the Protection of Children from Sexual Offences (POCSO) Act. Justice Subramonium Prasad, in his decision to dismiss the bail application, highlighted the heinous nature of the crime, stating that granting bail would undermine the objectives of the POCSO Act, which aims to shield children from sexual assault, harassment, and exploitation.
During the proceedings, the accused argued that the charges were fabricated by his wife due to matrimonial discord. However, Justice Prasad dismissed this claim, reasoning that a mother is unlikely to subject her daughter to the ordeal of an investigation and legal proceedings merely as retribution against her spouse.
The court further noted the profound and lasting impact that sexual assault can have on a child’s mental health and development. “An act of sexual assault can cause mental trauma to children and may dictate their thought process for the years to come, hindering their normal social growth and leading to problems which could require psychological intervention,” the judge stated.
Addressing the long-term consequences of childhood sexual abuse, the court emphasized that such experiences are often insurmountable, severely affecting the victim’s psychological and emotional well-being. The court underlined that “paramount consideration is to be given to the wellbeing of the child whose mental psyche is vulnerable, impressionable and is in a developing stage.”
The allegations against the petitioner fall under the category of aggravated penetrative sexual assault as defined by the POCSO Act, an offense punishable with rigorous imprisonment for at least 20 years and up to the death penalty. In light of these considerations, the court concluded that granting bail at this stage could potentially defeat the legislative intent behind the POCSO Act.
