The main legal point established is the need for fair trial and protection of witnesses in cases involving sexual offences against children, especially under the POCSO Act.

JUDGMENT

1. The present petition has been filed under Section 482 of the Code of the Criminal Procedure, 1973 for setting aside order dated 04.02.2023 passed by learned Trial Court in SC no. 331/2021 in FIR no 551/2021 dated 02.10.2021 registered under Section(s) 342/354/354-B/363 of the Indian Penal Code, 1860 and Section 10 Protection of Children from Sexual Offences, 2012 at P.S. Welcome, Delhi.

2. As per the FIR, in the early hours of 02.10.2021 the complainant (father of the child involved), upon waking, did not find his daughter (child involved) aged about 3 years sleeping next to him at the first floor of house. After looking frantically for her the complainant found child involved at the second floor of his house, where the accused was residing as a tenant, who was indulging in a grievous act of sexual misconduct with the child involved. The accused was then taken into custody on 02.10.2021.

3. Thereafter, the accused applied for the grant of bail before the learned Trial Court in SC no. 331/2021 before ASJ-06 (POCSO), Shahdara District, Karkardooma, New Delhi, wherein the following order dated 04.02.2023 was passed:

"1. The material witnesses have been examined.

2. The applicant/accused is in J.C. since 02.10.2021.

3. There is no apparent threat of injury to the family of the victim from the applicant/accused.

4. The continued detention of the applicant/accused is therefore, not warranted.

5. Bail application is allowed and accused is admitted to bail subject to his furnishing personal bond in the sum of Rs.15000/- with one surety in the like amount.

Bail application if disposed of accordingly.

A copy of the order be sent to the concerned Jail Superintendent for intimation and due compliance."

4. The learned counsel for the petitioner submits that the learned Trial Court has failed to consider the gravity and heinousness of the offence involved while granting bail to the accused and moreover no reasonable amount of time to enter appearance and make submissions opposing the grant of bail was given to anyone on behalf of the child involved. Learned counsel also submits that the impugned order is unreasoned and not apposite in law.

5. The APP for the State enters appearance and supports the case of the petitioner.

6. Before dwelling into the matter at hand, this Court likes to point out that while considering matters involving sexual offences, a Court has to be mindful that the incidents of sexual violence against children (or against the women) in a society always involve the life and limb of a child (or a women) as what is at stake is the prestige and future of the victim which has been lowered and shattered into pieces. Once a victim being a child (or a woman) has been hurt physically, emotionally, and mentally at a tender age, the same is bound to have adverse effects on the overall growth and development of the said human being. It is, thus in the interest of justice and of course the overall interest of the society at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail.

7. This is especially whence the POCSO Act being a special piece of legislation has been enacted by the Indian Parliament with an avowed objective to deal with the sexual offences committed against the children as it was realised that Sexual Offences against the children cannot be dealt in the framework of existing Laws. The legislature, after taking note of the societal milieu of the country, recognised that since offences against the children were neither reported nor penalised. A need was felt for enacting a statute clearly defining the varied degrees of the offences as punishable under the law and which also propagates the restorative and compensatory justice to the sufferer.

8. The POCSO Act is designed to safeguard the interest of children. As per the statement and objective of the POCSO Act, it is a comprehensive legislation safeguarding t