Adopting a strict stance on crimes against children, the Punjab and Haryana High Court has ruled that the length of incarceration alone cannot be a ground for granting bail in serious cases under the POCSO Act. The court observed that when the innocence of a child is violated, the law must act not as a mere punitive instrument but as an “unwavering shield.”
The Ruling
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The Bench: Justice Neerja K. Kalson dismissed the regular bail petition of an accused booked for sexually assaulting a minor, stating that a “lenient approach is wholly unwarranted” in such matters.
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Key Observation: Justice Kalson remarked, “The judiciary bears a solemn duty to act as a guardian for those who are incapable of protecting themselves… The soul of a society is judged by how it treats its children, for they are the living messages we send to a time we will not see.”
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Legal Principle: The court held that the legislative intent to protect child victims outweighs the accused’s claim to liberty during the trial, especially when there is no deliberate delay by the prosecution.
Case Details
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Background: The case stems from an FIR registered at City Jhajjar Police Station (Haryana) in 2024. The accused was booked under Section 6 of the POCSO Act and relevant sections of the Bharatiya Nyaya Sanhita (BNS).
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Allegations: The mother of a 13-year-old girl had alleged that the accused abducted her daughter. The victim, in her testimony, stated she was taken to Delhi and Uttar Pradesh and subjected to repeated sexual assault in rented accommodations.
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Bail Plea: The defence argued for bail on the grounds that the accused had been in custody for 13 months (since Dec 25, 2024) and the trial was moving slowly (only 5 of 23 witnesses examined).
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Court’s Rejection: The Judge noted that the victim had fully supported the prosecution’s case in her testimony. The court also rejected the defence’s reliance on the victim’s initial statement (where she claimed to leave home voluntarily), clarifying that under the POCSO Act, a child’s “willingness” is legally irrelevant.
Directive: While denying bail, the High Court directed the trial court to expedite proceedings and conclude the trial preferably within six months.
