NEW DELHI: The Delhi high court on Monday cancelled the bail granted to the caretaker of a private school in Delhi's Janakpuri area, accused of raping a three-year-old girl.
A vacation bench of Justice Vinod Kumar directed the 57-year-old caretaker to surrender before the Protection of Children from Sexual Offences (POCSO) court on July 1 at 2pm.
The verdict was delivered in two appeals filed by the Delhi Police and the minor girl’s mother against trial court’s May 7 order granting bail.
Additional Solicitor General S V Raju, appearing for the police, had earlier argued that it was not a case where the trial court should have given a reprieve to the main accused, i.e.the caretaker.
He had submitted that it was a clear case of aggravated penetrative sexual assault under Section 6 of the POCSO Act, which was punishable with a minimum term of 20 years in jail, as the child had already identified the perpetrator and made specific allegations.
The counsel for the accused had denied all allegations of sexual assault against him, stating that the "foundational facts" of the present case cannot be sustained.
The incident came to light on May 1 when the girl's mother filed a complaint at Janakpuri police station, alleging that her daughter was sexually assaulted during school hours by the accused.
According to the complaint, the child had gone to the school on April 30, the second day after her admission.
After returning home, she complained of pain. When questioned by her mother, the girl said that she was taken to an isolated area in the school, where the man allegedly assaulted her.
Based on the complaint by the child's mother, police registered a case under section 64(1) (punishment for rape) of the Bharatiya Nyaya Sanhita and section 6 (Punishment for aggravated penetrative sexual assault) of the POCSO Act.
Police said the child identified the accused, following which the school caretaker was arrested on May 1.
He was later produced before a court and sent to judicial custody.
However, he was granted bail by a court in Dwarka on May 7 despite strong opposition from the prosecution.
A teacher was also arrested for allegedly concealing the incident from the authorities and was remanded in one-day police custody by the trial court on May 14.
(With inputs from PTI)