In sexual offenses against minors, the court prioritizes the protection of victims and timely justice over the rights of the accused to bail.

ORDER

1. This application is filed under Section 439 of the Cr.P.C.

2. The applicant herein is the accused in Crime No.439 of

2018 of the Peroorkada Police Station, registered under Sections 8 , 9(a), (iii), (iv), (I), 9(m), 9(p) r/w. Sections 10 , 11(i), 11(iii), 11(vi) r/w. 12 of the Protection of Children from Sexual Offences Act , 2012.

3. The applicant is a senior Civil Police Officer working in the Police Camp, Thiruvananthapuram. The victim in the instant case is a III Standard student. She used to go to the school in the school bus and the applicant herein was working as the conductor. Sometime in the month of February, 2017, the victim came back home and she had a toffee with her. When it was enquired as to from where she had got the toffee, she disclosed that it was handed over to her by the applicant. The father of the child is working as a driver in the Vigilance and Anti Corruption Bureau. On further questioning the victim, she disclosed that the toffee was given by the accused and that, while travelling in the bus, the applicant used to repeatedly harass her sexually. He also used to force her to touch his private parts. This was continued for quite some time. The victim also disclosed that sexual abuse was carried out inside the bus, a car of the applicant and on one or two occasions, she was also taken to his residential home. It is specifically alleged that explicit porn videos and obscene pictures were shown to the minor child by the applicant.

4. The learned counsel appearing for the applicant herein submitted that the applicant was arrested and he has been undergoing detention from 1.3.2018 onwards. According to the learned counsel, investigation has been completed and final report was laid in record time. The applicant is a Civil Police Officer and there cannot be any apprehension that he would tamper with the evidence. It is also submitted that he is prepared to abide by any condition and it is prayed that he be released on bail.

5. The learned Public Prosecutor, on the other hand, has very strongly opposed the prayer. He has made available the case diary. I have gone through the case diary as well as the statement of the victim recorded by the learned Magistrate, including the statement of the witnesses cited by the prosecution.

6. The allegations as against the applicant are extremely grave. The final report shows that the child, who was aged 8 years and was studying in the III Standard, was subjected to gross sexual abuse by the applicant, who was supposed to guard and protect her. Since final report has already been laid, necessary directions can be issued to the Special Court to expedite the proceedings. I take note of the tender age of of the victim and the prejudice she would be subjected to if the trial is delayed further.

This application is dismissed. The Special Court is directed to expedite the trial and take the matter to its logical conclusion at the earliest.