Delhi High Court Revokes Bail in Janakpuri POCSO Case
In a significant legal development, the Delhi High Court has overturned a previous trial court order that granted bail to a school teacher implicated in a case concerning the sexual assault of a three-year-old girl at a school in Janakpuri. The teacher, who had been arrested for failing to report the incident, was initially granted bail by a trial court on May 20, just days following her arrest.
Justice Saurabh Banerjee of the Delhi High Court delivered the judgment on Wednesday, criticizing the trial court’s decision to grant bail based on the minor victim’s initial inability to name the teacher in her complaint. However, Justice Banerjee noted that the victim later identified the teacher by name and physical description. He emphasized that the trial court neglected significant considerations, especially given the serious nature of the charges under the Protection of Children from Sexual Offences (POCSO) Act.
Material Considerations Overlooked
The High Court highlighted that the trial court failed to take into account the teacher’s longstanding tenure of thirteen years at the school, which posed a risk of evidence tampering and potential influence over witnesses. Justice Banerjee expressed concern that the trial court hastily granted bail within just six days of the teacher’s arrest, without substantial justification visible in the impugned order.
“Strangely, and though there is no bar, the learned Trial Court proceeded to grant regular bail to the respondent barely within six days of her arrest, when a bare perusal of the impugned order does not reflect anything which could/ may have prompted it to do so,” remarked Justice Banerjee.
Further Legal Proceedings
The High Court has directed the teacher to surrender before the jurisdictional Additional Sessions Judge (POCSO Court) within three days following this judgment. This decision comes after a prosecution appeal challenging the May 20 bail order issued by an Additional Sessions Judge at Dwarka courts.
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The case, initially registered under the POCSO Act by Janakpuri police, originated from a complaint by the victim’s mother. The incident reportedly occurred on April 30, when the child reported severe pain after returning home from school. According to the prosecution, the child recounted that an “elder boy” at the school assaulted her. The investigation subsequently led to the arrest of a 57-year-old school clerk/caretaker, whose bail had previously been revoked by the High Court.
During the investigation, additional allegations against the class teacher emerged when the minor’s statement was recorded. The victim alleged that the teacher took her to the basement, cleaned bloodstains from her body, and offered her sweets following the incident.
Representing the state in the High Court were Additional Solicitor General SV Raju and advocates Aman Usman. Senior Advocate KK Manan, along with advocates MS Bammi, Uditi Bali, Nida Akhtar, Manish Kumar, and KS Choudhary, appeared on behalf of the school teacher.
