NEW DELHI: The Delhi HC has refused to grant bail to a 70-year-old man accused of sexually assaulting a 10-year-old girl, observing that the wide disparity in age heightened the gravity of the alleged offence and reflected concerns of “exploitation” and “abuse of trust.”
Justice Ajay Digpaul, while pronouncing the order on August 25, rejected the submissions made by the accused regarding lack of medical and forensic evidence. The judge stressed that in cases involving child victims, absence of injuries or scientific proof could not undermine the credibility of the prosecution’s case if the testimony of the survivor was clear and reliable.
“The contention of the applicant regarding the absence of injuries in the medical examination is equally unpersuasive. It is a settled proposition that the absence of physical injuries does not, ipso facto, dislodge the prosecution case, particularly in cases involving child victims,” the court noted. It further added, “Children may not resist sexual assault with the same degree of force as adults, and the nature of assault may not always result in visible or lasting injuries.”
The accused had argued that the FSL report did not reveal any incriminating evidence against him. The court, however, maintained that scientific findings were only one element of the investigation. “Where there is direct evidence in the form of clear, cogent and trustworthy testimony of the victim, especially a child victim, it is not always necessary that scientific evidence should also exist. The absence of DNA or biological evidence, therefore, cannot be determinative of the veracity of the charge at this stage,” the order stated.
The man was arrested in October 2023 after being booked in the case. Seeking bail, he contended that he was of advanced age, suffered from ailments, and had no prior criminal record. His counsel also submitted that the trial was still at the stage of prosecution evidence and was likely to take time, making his prolonged custody unjustified.