Delhi high court denies bail to 70-year-old man accused of raping 10-year-old girl

A bench of justice Ajay Digpaul, ruling on the man’s plea on August 25, said the disparity in age made the alleged act “more heinous” and raised serious concerns of exploitation and breach of trust

The Delhi high court has refused bail to a 70-year-old man accused of raping a 10-year-old girl, holding that the wide age gap between the two heightened the gravity of the offence and demanded a stringent approach.

The man sought bail arguing that the prosecution’s case rested on the testimony of the child and her mother, which he claimed contained inconsistencies. His counsel also pointed to the medical examination, which revealed no visible injuries. (Representational image)

A bench of justice Ajay Digpaul, ruling on the man’s plea on August 25, said the disparity in age made the alleged act “more heinous” and raised serious concerns of exploitation and breach of trust. The accused faces charges under section 376AB of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences (POCSO) Act. He was arrested in October 2023.

According to the prosecution, the girl 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 sought bail arguing that the prosecution’s case rested on the testimony of the child and her mother, which he claimed contained inconsistencies. His counsel also pointed to the medical examination, which revealed no visible injuries.

Opposing the plea, additional public prosecutor Meenakshi Dahiya submitted that the victim’s statements before police and a magistrate were consistent and credible.

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

Rejecting the defence’s reliance on the absence of injuries, the court stressed that children may not resist sexual assault like adults, and such assaults may not always leave visible or lasting marks. “The greater the age gap between victim and accused, the more stringent should be the court’s approach at the bail stage,” the judgment concluded.