Delhi HC rejects bail plea of man accused of sexually assaulting 10-yr-old

The girl had alleged that the man used to misbehave with her and touch her private parts whenever she visited his shop.

The Delhi High Court has refused anticipatory bail to a man accused of sexually assaulting a 10-year-old girl, citing that “bad touch” at a tender age scars the child’s spirit, leaves a long-lasting trauma, and impairs her ability to trust others.

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The ruling was delivered by Justice Girish Kathpalia, while dealing with the man’s plea seeking anticipatory bail in a case registered in 2023 under sections 354 (outraging woman’s modesty) and 506 (criminal intimidation) of Indian Penal Code and Section 8 (sexual assault) of the Protection of Children from Sexual Offences Act, 2012.

The girl had alleged that the man used to misbehave with her and touch her private parts whenever she visited his shop. She further claimed that he threatened to circulate a video of her if she informed her parents about the incidents.

In his petition before the high court, the man had asserted that the complaint against him was false, and that he had “simply touched” the girl.

Terming the man’s argument as “insensitive”, Justice Kathpalia in his verdict delivered on Monday, said, “A girl aged 10 years is wise enough to understand ‘good touch’ or ‘bad touch’. Such ‘bad touch’ at a tender age travels long with the victim. The abrogation is not just of her body, but her spirit as well. Such a victim would, for a very long time, not be able to trust anyone. So, it is not a matter of touching the girl ‘simply’.”

The bench in its 4-page order said, that granting the man bail in such a case, would send “obnoxious signals” across the society, implying that individuals accused of sexual assault could escape accountability after committing such offences.