The Delhi High Court denied bail to a man accused of sexually assaulting a two and half-year-old girl.
The minor victim did not support the case of the prosecution during her cross-examination. Her father who was the complainant had also turned hostile.
The Court noted that both victim and father had supported the case during their examination-in-chief. The case was registered in August 2017.
While refusing bail to the accused, Justice Rajnish Bhatnagar observed, "No doubt the victim has given some answers in negative in the cross-examination but one cannot lose sight of the fact that the cross-examination was conducted after 7 months of recording of her examination-in-chief, so there are ought to be some inconsistencies and what is the effect of those cannot be analysed in depth at this stage."
"Although the complainant who is the father of the victim has turned hostile in his cross-examination on 27 January 2021, however, it is to be borne in mind that he was also cross-examined much after the recording of his examination-in-chief. Hence, all these factors would be considered and scrupulously analysed during the course of the trial as the detailed analysis of the evidence of the prosecution witnesses at this stage would prejudice the case of either of the parties," said Justice Bhatnagar.
"Therefore, looking into the facts and circumstances of the case, the minority of child victims at the time of the alleged offence, the allegations against the petitioner which are grave and serious in nature coupled with the categorical statement made by the child victim in her examination in chief and the medical evidence on record, no ground for bail is made out at this stage and the bail application is, therefore dismissed," the bench added.
The counsel for the accused had submitted that he is judicial custody since August 18, 2017, and has undergone more than 4 years. It was submitted that the father of a child has stated in his cross-examination that the accused has not done anything wrong with his daughter.
The prosecution had opposed the bail application and argued that the allegations are grave and serious in nature and the statement of the victim before the court was recorded wherein she had supported her case. The victim was only 2.5 years old at the time of the incident.
The case was registered on the complaint of the father of the minor victim.
( With inputs from ANI )
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