When Trust Becomes a Trap: Delhi High Court Denies Bail in POCSO Incident

In a significant ruling regarding the protection of child victims, the High Court of Delhi has denied bail to an accused facing charges of aggravated sexual assault. The case, Vicky Kashyap vs. State of NCT of Delhi , highlights the court's steadfast approach to prioritizing the testimony of minor victims in cases involving the Protection of Children from Sexual Offences (POCSO) Act.

A Breach of Trust: The Background

The incident, which occurred in September 2021, involved a 12-year-old girl who was allegedly abducted by a man she knew and addressed as "Chacha" (uncle). According to the prosecution, the accused lured the minor into a room under false pretenses before committing sexual assault. The minor was eventually found by her family in a distressed state, leading to an immediate police response. The accused has remained in judicial custody since September 2021, facing charges under the Indian Penal Code and the POCSO Act.

The Arguments: Consensual Motive vs. Consistent Testimony

The defense argued for bail by painting a picture of conspiracy. Counsel for the accused suggested that the minor had been tutored by her mother to falsely implicate the accused following a breakdown in the mother's own rumored consensual relationship with him. Furthermore, the defense pointed to a delay in filing the FIR and a perceived lack of forensic evidence to argue that the charges were unreliable.

Conversely, the State emphasized the gravity of the offense. The Public Prosecutor argued that the victim’s version has remained unwavering—from her initial complaint and statements recorded under Section 164 of the Cr.P.C. to her testimony before the trial court. The State maintained that the minor’s consistent account is sufficient, at the bail stage, to establish a prima facie case.

Legal Analysis: The Primacy of the Minor’s Voice

The High Court’s decision centered on the credibility of the minor prosecutor. Addressing the defense’s claim that the mother’s personal affairs led to an orchestration of the case, the Court rejected this as grounds for bail. Dr. Justice Swarana Kanta Sharma noted that even if a dispute existed involving the mother, it does not diminish the allegations of a personal sexual violation against the child.

The Court leaned on the "familiarity" aspect to highlight the breach of trust, noting that the accused’s position as a family acquaintance, whom the victim called "Chacha," actually provided the mechanism to isolate the child. The Court affirmed that while trial-stage bail requires only a prima facie assessment, the consistent nature of the child's deposition serves as a robust pillar for the prosecution