Why Did the Delhi High Court Refuse Bail to a 70-Year-Old Man in a Shocking Case?

New Delhi — The Delhi High Court has denied bail to a 70-year-old man accused of raping a 10-year-old girl, stating that the wide age gap between the accused and the victim makes the alleged crime “more heinous” and raises grave concerns of exploitation and breach of trust.

Justice Ajay Digpaul, ruling on the plea on August 25, emphasized that the nature of the offence demanded a stringent approach. The accused, who was arrested in October 2023, faces charges under Section 376AB of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.

According to the prosecution, the child alleged that the man lured her into his house, removed her clothes, sexually assaulted her, and threatened her with dire consequences if she revealed the incident.

The man’s counsel argued that the case relied primarily on the testimony of the child and her mother, which he claimed had inconsistencies, and highlighted that the medical examination showed no visible injuries.

However, Additional Public Prosecutor Meenakshi Dahiya countered that the victim’s statements before both the police and a magistrate were consistent and credible.

The court sided with the prosecution, noting that minor inconsistencies could not justify bail while the trial was still in progress. Justice Digpaul observed: “The mere existence of alleged inconsistencies cannot be a ground to enlarge the accused on bail, when several witnesses remain to be examined.”

Rejecting the defence’s reliance on the absence of physical injuries, the court underlined that children may not resist sexual assault in the same way as adults, and such crimes may not always leave lasting marks. The judgment concluded: “The greater the age gap between victim and accused, the more stringent should be the court’s approach at the bail stage.”