Delhi HC Grants Bail To 63-Year-Old Accused In POCSO Case Due to Age And Mental Health, Directs Counseling For Minor

A Bench of Justice Dinesh Kumar Sharma acknowledged the trauma on the victim but also considered the accused's age and mental condition, along with the absence of severe accusations.

“There is no doubt that such incidents leave a deep trauma on the victim but at the same time, the Court has to strive to maintain a balance. The accused herein is an old man aged 63 years. The accused is stated to be mentally unstable. It is also pertinent to mention here that there is no report or history of touching of victim and verbal abuse.”

Allegations in the FIR stated that the petitioner showed his private part to a young victim near her house. The victim's statement revealed details of the incident, leading to the registration of the FIR. The victim was taken to AIIMS Hospital for a medical examination which recorded no physical or sexual assault, but only exposure of private parts by the accused.

Advocate Arun Sharma appeared for the Petitioner and Advocate Amit Sahni appeared for the Respondent.

The petitioner's earlier bail application was denied. The petitioner's counsel emphasized that there was no history of severe offenses; the accusation pertained to indecent exposure. The petitioner's age (around 63) and potential mental instability were highlighted.

The father of the victim appearing through video conferencing shared that the incident had severely disturbed and traumatized the victim. The Court noting the trauma ordered counseling for the victim through an NGO/CWS.

“The IO is directed to get the counseling session organized for the victim. In this regard some NGO/CWS may be contacted, and appropriate counseling session be conducted.”

The Court granted bail with a personal bond of Rs. 20,000 and specific conditions and disposed of the bail application.

Cause Title: Kishan Lal v. The State

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