HC denies bail in Pocso case, says crimes against children impact society at large
Observing that sexual offences against children are not merely crimes against an individual victim but against society as a whole, the high court has refused bail to a 49-year-old man accused of sexually assaulting a minor girl and throwing her from the rooftop of an apartment building in Khammam. Because of political rivalry, the petitioner contended that he had been falsely implicated.
Hyderabad : Telangana high court held that the survivors in Pocso cases may be individuals, “but in the ultimate eventuate, it is the society which is the victim”, and such crimes create a dent in the law and order situation, disturb orderliness, and affect the peaceful life of the society. “Granting bail mechanically without considering the victim’s statement, medical evidence and the potential for post-bail intimidation renders the bail order perverse and legally unsustainable,” said the judge. Relying on Supreme Court precedents, the judge held that filing of a charge sheet or completion of the investigation does not dilute the gravity of allegations in serious Pocso cases. Bail can be considered only when the court is satisfied that the victim would remain completely safe and free from coercion. He pointed to a two-day delay in lodging the complaint and alleged inconsistencies in the victim’s preliminary statement. He also argued that there was no possibility of tampering with evidence as the investigation had been completed and a charge sheet filed.
Because the investigation has reached its final stage, or a charge sheet has been filed, the court further noted that under the Pocso Act , an accused is not automatically entitled to bail merely.
“In sexual crimes against children, the main risk is post-investigation shifts from tampering with the police evidence to intimidating or influencing the victim during trial testimony,” observed the judge, adding that it was not a fit case for bail, particularly when the trial schedule had already been fixed.