Delhi High Court Grants Bail In POCSO Case Due To Delayed Complaint

The Delhi High Court has granted bail to an accused in a POCSO case, citing significant delay in filing the complaint. Despite initial reporting and arrest, the later complaint by the victim's daughter raised questions over the unexplained delay, leading to the court's decision.

In a notable decision, the Delhi High Court has granted bail to an accused in a case filed under the Protection of Children from Sexual Offences (POCSO) Act, citing the substantial delay in lodging the complaint. Advocate Amit Sahni, representing the accused, highlighted that the initial First Information Report (FIR) by the victim's mother was registered on June 29, 2021, which led to the arrest of the accused the same day. Bail was initially granted by the Additional Sessions Judge on July 7, 2021.

Subsequently, the daughter's complaint under the POCSO Act, filed much later, raised eyebrows over the unexplained and considerable delay, as argued by Advocate Sahni. Justice Manoj Kumar Ohri noted that the alleged incident took place on the day the victim's mother registered the first FIR, yet the POCSO complaint was only made nearly two years later.

The court document revealed that, according to the victim's Section 161 CrPC statement, she had informed her mother the very next day of the incident. However, crucial details about the accused's alleged actions were missing from the mother's initial FIR. Justice Ohri also pointed out that during the initial bail application submissions, no mention was made of the incident outlined in the later complaint.

Justice Ohri referenced the victim's Section 164 CrPC statement, which mentioned that her grandparents, uncle, aunt, and younger brother were present at the time of the alleged offence, and that her aunt intervened. The court found it concerning that these details were not reported until the current FIR was filed. Weighing these factors and the prolonged delay, the court granted bail to the accused upon a personal bond of Rs 25,000 and a surety of the same amount. (ANI)

(With inputs from agencies.)