Delhi High Court Denies Bail to Accused in POCSO Case, “Prima Facie Evidence Supports Prosecution’s Case” – Justice Amit Sharma

In a significant ruling, the High Court of Delhi, presided by Hon’ble Mr. Justice Amit Sharma, denied bail to the petitioner in a Protection of Children from Sexual Offences Act (POCSO) case. The accused, identified as Shashim Das, had sought bail in connection with FIR No. 340/2018 under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act, registered at PS Govindpuri.

The victim’s mother had lodged the complaint, alleging that Shashim Das had committed wrongs with her six-year-old daughter. The Court took into account the victim’s consistent statements under Section 161 and Section 164 of the Code of Criminal Procedure (CrPC) and the Medical Legal Certificate (MLC) recording a history of sexual assault.

Justice Sharma observed, “Victim’s statement and medical evidence are prima facie in favor of the prosecution’s case.” The Court also noted the presumption of guilt under Section 29 of the POCSO Act, which operates against the accused in cases related to sexual offenses against children.

The defense argued that the allegations were motivated by personal animosity, and attempted to challenge the medical evidence based on medical jurisprudence. However, the Court found no substantial grounds to rebut the presumption of guilt and dismissed the bail application.

Furthermore, the Court highlighted an attempt to influence the victim, as the defense confronted her with a recorded conversation with the applicant’s daughter. This attempt to tamper with the evidence weighed against the petitioner.

While pronouncing the judgment, Justice Amit Sharma emphasized that the dismissal of the bail application doesn’t imply any determination of guilt or innocence, and the Trial Court will decide the case based on all evidence presented.

Date of Decision: 25th July 2023

SHASHIM DAS vs STATE OF NCT OF DELHI AND ANR.