HC rejects bail in three yrs old girl molestation case

05/06/2021

Jammu, Jun 4: Justice Sindhu Sharma rejected the bail application of Sunny Kumar driver of School bus who was booked under Protection of Children from Sexual Offences (POCSO) Act, 2012 for misbehaving with a 3-year-old girl.
The prosecution case in brief is that on 30.04.2019, complainant filed an application in the Police Station, Bari Brahmana, Samba that her child aged three years was studying in Mount Litera School in Nursery class since 12th April, 2019. After some days of admission, she started behaving strangely and after some time disclosed that the driver and conductor of her school bus used to tease her and that they used to kiss and touch her private parts. This incident occurred on her way to school. The complainant immediately approached the School Management the very next day and they assured her that they would look into the matter but no action was taken. The name of vehicle drivers is Ravi Kumar S/o Krishan Lal & Sunny Kumar S/o Puran Chand. The police on this complaint registered the FIR and started investigation in the case and after completion of investigation challan was presented in the court.
Justice Sindhu Sharma after hearing both the sides observed that the victim was three years old and the allegations of offences under Section 8/10 POCSO Act are against the applicant, driver of school Bus and the helper who were entrusted with safety taking her to school & dropping her back to home. The applicant was about 32 years of age, while the victim was only three years of age, the difference in the age of the minor victim and the applicant accused makes this offence very heinous and there is element of perversion is also involved in this case.
This heinous allegation against him has shaken the confidence and trust of the child. The applicant has submitted that delay in trial has affected his liberty and, therefore, he is entitled to be released on bail. The delay in trial is due to the circumstances beyond the control of the Special Court. This, however, cannot be the ground for admitting him to bail. There is sufficient material on record to prima facie show the involvement of the applicant in the alleged crime and in view of Section 29 of the POCSO Act, the presumption of innocence is not available to the applicant. With these observations Court rejected the bail application.

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