VIJAYAWADA: The High Court has set aside the bail granted by a Special Protection of Children from Sexual Offences (POCSO) Court in Vijayawada to a 62-year-old school principal accused of sexually harassing a 16-year-old autistic girl, holding that the lower court failed to appreciate the gravity of the allegations, the victim’s vulnerability and the principles governing cases under the POCSO Act.
The case pertains to allegations that Sambasiva Rao, principal of a school in Vijayawada, sexually harassed the minor girl on February 25, and threatened to kill her grandparents if she disclosed it. Following a complaint lodged by the grandmother, police arrested the accused on March 12. While his first bail plea was dismissed, the Special POCSO Court later granted bail on a second petition despite no substantial change in circumstances.
Allowing the grandmother’s petition seeking cancellation of bail, the HC directed its Registrar to place the matter before the Chief Justice for consideration of appropriate measures to prevent recurrence of lapses in POCSO cases.
Justice Venkata Jyothirmayi Pratapa directed the accused, Sambasiva Rao, to surrender before authorities within three days from the date of receipt of the order. The HC clarified that if he failed to surrender, police would take him into custody.
In the judgment, the HC disapproved of the observations made by the Special POCSO Court while granting bail. The lower court had remarked that the victim’s version could not be fully relied upon as she was suffering from autism. Responding to the remarks of the lower court, the HC held that observations were contrary to the spirit of the POCSO Act and reflected a lack of sensitivity expected in cases involving children with special needs.
The Court observed that the Special POCSO Court failed to consider the seriousness of the allegations, the victim’s mental condition, her dependence on caregivers and the alleged threats issued by the accused while granting bail.
It noted that the victim appeared before the trial court and narrated the alleged acts, but those aspects were ignored. Justice Jyothirmayi Pratapa said courts handling POCSO cases must adopt a child-friendly approach, when victims are vulnerable. The HC reiterated that appellate courts may intervene when bail orders are arbitrary or legally unsustainable. According to prosecution, the accused’s daughter and another person allegedly attempted to influence the complainant, resulting in a separate case at Bhavanipuram police station.