Protection of Children From Sexual Offences: Accused guard gets bail
There is no reason for the girl to become dull after 4 to 5 months
Bengaluru: In one among the early cases registered by Bengaluru police in 2013 under Protection of Children From Sexual Offences (POCSO) Act, the Karnataka High Court has granted bail to a 64-year-old-man, accused of sexually assaulting a seven-year-old girl.
The high court on July 24 granted conditional bail to Lakshmana, who worked as a security guard at Karnataka Slum Development Board quarters in Laggere, where the victim resided along with her parents. The Rajgopalnagar police had registered a case against the accused for the offence punishable under Sections 354 (A), 347, 504 of IPC and Sections 5(A) and 6 of POCSO Act.
The victim’s mother had filed a complaint alleging that her daughter seemed very dull and when enquired, she informed that about 4 to 5 months ago (from the date of filing the complaint), the accused security guard had sexually harassed her and frightened her to silence. While seeking bail, the advocate for the accused submitted before the court that the incident had allegedly taken place about 4 to 5 months before filing the complaint.
“There is no reason for the girl to become dull after 4 to 5 months. The reason assigned for delay in filing the complaint is not acceptable,” the advocate had contended and stressed that his client was innocent and the medical report was not supporting the case of the prosecution. He further submitted that the accused, who has been in custody since the date of arrest, be granted bail as the investigation has been completed and chargesheet filed.
However, the prosecution argued that considering the statement of victim girl, the complaint averments and the statement of other witnesses, prima facie goes to show that the guard had sexually assaulted the girl. Before granting bail, the court examined the medical report and the doctor had stated that the victim had not suffered any external injuries and as per the gynecologist report, there was no evidence of injuries on her private parts.
“Looking to these materials on record, I am of the opinion that by imposing reasonable conditions the petitioner can be enlarged on bail,” court ordered while directing that accused to execute a personal bond for a sum of Rs 50,000 with one solvent surety for the like sum to the satisfaction of the court concerned and that shall not directly or indirectly tamper with any of the prosecution witnesses, along with directions to appear before the court
regularly.