Introduction:

In a significant ruling, the Delhi High Court, presided over by Justice Swarana Kanta Sharma, has underlined the profound impact of sexual assault and human trafficking on a minor victim. The court, while denying bail to the accused in a POCSO case involving the rape of a 12-year-old girl, emphasized that the delay in the victim’s testimony, often a result of trauma recovery complexities, should not serve as grounds for the accused to seek bail.

Arguments:

The defense sought bail, citing the minor’s delayed testimony before the trial court. The defense contended that the victim’s silence during proceedings and subsequent emotional distress warranted bail for the accused. The prosecution, on the other hand, highlighted the severe trauma endured by the minor, emphasizing that her delayed testimony should not be misconstrued as an opportunity for the accused to seek release.

Court’s Judgment:

Justice Sharma, recognizing the realities of trauma recovery, dismissed the notion that the accused should be granted bail due to the delay in the minor’s testimony. The court acknowledged the intricate nature of sexual assault and human trafficking, noting the enduring mental trauma suffered by the victim. Justice Sharma highlighted the gravity of the case, involving not only sexual assault against a minor but also exposing the grim reality of human trafficking and exploitative labor practices.

The court, while denying bail, emphasized that the victim’s inability to depose was not a case of unwillingness but a consequence of the profound trauma she experienced. Justice Sharma emphasized the court’s duty to ensure that accused persons involved in such serious offenses are not released on bail merely because the victim faces challenges in providing testimony. The court underscored the need for comprehensive examination and a sensitive approach, particularly considering the life-altering impact on the young victim.