Khushi Gupta
Published on: April 28, 2022 at 15:54 IST
The Delhi High Court has denied Bail to a man accused of Sexually Assaulting a two-and-half year old girl despite the fact that Victim did not support the Case of the Prosecution and her father, who was the complainant, also turned Hostile.
Single-Judge Justice Rajnish Bhatnagar said that the Testimony of Hostile Witnesses cannot be disregarded in toto.
“No doubt the victim has given some answers in negative in the Cross-Examination but one cannot lose sight of the fact that the Cross-Examination was conducted after 7 months of recording of her Examination-in-Chief, so there are ought to be some inconsistencies and what is the effect of those cannot be analysed in depth at this stage.”
“Although the complainant who is the father of the victim has turned hostile in his Cross-Examination on 27.01.2021, however, it is to be borne in mind that he was also cross-examined much after recording of his Examination-in-Chief,” the Court said.
The Court was dealing with a Bail Application by a man charged for Offences under Section 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act for alleged Sexual Assault of the 2.5-year-old.
Advocates Tushar Datta and Varun Gupta appeared for the Petitioner. Additional Public Prosecutor Neelam Sharma appeared for the State.
“Therefore, looking into the facts and circumstances of the Case, the minority of child Victim at the time of the alleged Offence, the allegations against the Petitioner which are grave and serious in nature coupled with the categorical statement made by the child Victim in her Examination-in-Chief and the Medical Evidence on record, no Ground for Bail is made out at this stage and the Bail Application is, therefore, dismissed,” the Court ordered.