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Synopsis

The Delhi High Court on Tuesday directed the Delhi Police to arrange counselling for a minor girl, who was traumatized after a 63-year old man showed his private parts to her.

The court was dealing with a bail plea filed by the 63-year old man, on the ground that he was mentally unstable and was in custody since June 24, 2023.

The counsel for the man submitted that even as per the status report, there is no history of physical assault, sexual assault, videography, or pornography. There is neither history of touching of the victim by the accused nor any report of verbal abuse.

“The only allegation against the accused is that he opened the gate of his house and took down his underwear and showed his private part to the complainant”, he submitted.

On the contrary, the State opposed the bail plea on the ground of gravity of the offence. It also argued that the chargesheet has been filed and the matter is pending before the trial court and is fixed for hearing in September.

The father of the victim who appeared through VC stated that the incident has severely disturbed and traumatized the victim.

Justice Dinesh Kumar Sharma noted that there is no doubt that such incidents leave a deep trauma on the victim and said, “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”.

The case was registered against the man on June 23 at Okhla Industrial Area, Police station on the basis of a statement by the victim, who was studying in Class III.

The victim had stated that when she was sitting near the staircase of her house, the accused man, who lived in the neighbourhood, showed her his private part and uttered something while facing her. She later narrated the incident to her father, following which a police complaint was filed.

On the baisis of the complaint an FIR was lodged against the man for offences under Section 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC) and Section 12 (sexual harassment) of the Protection of Children From Sexual Offences Act, 2012 (POCSO Act). 

Notably, the accused was arrested on June 24 and was denied bail by a POCSO Court, Saket on July 14.

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

The court also said, “Since the petitioner resides in the vicinity of the family of the prosecutrix, in case any complaint is received by the IO, the petitioner shall shift his residence beyond the radius of 5 km from the vicinity of the victim’s family”.

Without going merits of the case and taking into account the age of the accused and no past criminal antecedents, the court granted bail to the man on furnishing a personal bond of Rs. 20,000 with one surety of like amount.

Case Title: Kishan Lal v. The State