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Synopsis

The Delhi High Court in its judgment dated May 8, 2023, dismissed the bail application of an accused charged with the offence of sodomy against a 6-year-old boy, despite a compromise entered into between the accused persons and mother of the victim.

“The child in these circumstances is voiceless, however, the court is expected to understand and hear the voiceless,” court said.

Justice Swarana Kanta Sharma, while dismissing the application, observed, “This court notes with a sense of sadness that the victim child’s physical and mental trauma has been weighed in terms of money i.e. Rs. 2 lakhs by the mother of the child victim herself which is unexpected and unacceptable. Such heinous offences cannot be taken lightly nor mercy can be shown. The mother was expected to understand the pain and trauma undergone by her child, who was only six years of age and had been violently sexually assaulted and wounded physically and mentally by two culprits... While deprecating the attempt of the accused persons and the mother of the victim child to have tried to settle the matter for Rs. 2 lakhs, and appearing in the Court to state that the accused be granted bail, this Court finds no ground to grant bail to the present accused/applicant.”

The court further deprecated the attempt of the accused persons and the mother of the victim to have tried to settle the matter for Rs 2 lakhs, adding that the gravity of the offence increased even further by the act of compromise and the mother of the victim, appearing to state that the accused be enlarged on bail.

Brief Background:

The present application was moved on behalf of an applicant seeking grant of regular bail for offences under Ss. 377/506/34 of the Indian Penal Code, 1860. It was alleged that when the victim was playing outside his house, the accused persons came and gave Rs. 10 and asked him to bring some eatables. Thereafter, they took him to a lonely place and committed carnal intercourse with him.

The counsel for the applicant submitted that the mother of the victim child had already compromised with the accused and the settlement deed was on record as per which there was no objection against the bail application. Counsel for the State submitted that the applicant had committed sodomy on a child of merely 6 years of age, which was a heinous offence. the medical record and statements of the child under Ss. 161, 164 CrPC supported the case of prosecution and for the reasons so submitted, the given bail application may be rejected, the state counsel argued.

Case Title: Sabuddin v. NCT of Delhi