New Delhi: The Delhi police on Monday argued for the cancellation of bail granted by a trial court to a 57-year-old staffer accused of raping a three-year-old girl inside a private school in west Delhi earlier this month. Challenging the relief before Justice Saurabh Banerjee, the police termed the move a 'gross case' where the accused may face a minimum punishment of 20 years' jail for the offence and opposed the bail order of May 7. The case is under the Protection of Children from Sexual Offences (POCSO) Act.
High Court Issues Notice
The high court issued notice to the accused, Lalit Kumar, seeking his stand. Additional solicitor-general (ASG) SV Raju, representing the police, said the accused faces a minimum punishment of 20 years' imprisonment, but the trial court granted him relief within a few days of his arrest, despite the survivor identifying him as the perpetrator.
'The three-year-old child has identified him. Within seven days he was granted bail. This is a gross case. This actually is a case of cancellation at the stage of notice,' the police said.
The lawyer of the girl's parents told the court they have filed a petition against the bail order, which is likely to come up for hearing on Tuesday.
Trial Court's Rationale for Bail
The accused was granted bail by the trial court after it recorded that the CCTV footage showed he was not at the alleged crime scene at the relevant time and the child's medical examination did not reveal any injuries. 'As far as the role of the accused is concerned, it has been shown that he had left the junior wing of the school around 8.37 am and didn't return,' the sessions court had observed, while releasing him on bail. It also examined the medical and electronic evidence tabled and referred to the medico-legal certificate (MLC) of the child, to observe that 'no injury or redness or any other mark was found on the body of the child victim, including her private parts.'
Kumar's counsel also highlighted that his version was backed by the class teacher of the child who claimed to have been present throughout. She too has been booked by the police.
Incident Details
The incident came to light on May 1 when the survivor's mother filed a complaint at Janakpuri police station, alleging that her daughter was sexually assaulted during school hours. According to the complaint, the child went to school on April 30, the second day after her admission. After returning home, she complained of pain. When questioned by her mother, the girl said that she was taken to an isolated area in the school, where a man allegedly assaulted her.
Based on the complaint by the child's mother, the police registered a case under Section 64(1) (punishment for rape) of Bharatiya Nyaya Sanhita and section 6 (punishment for aggravated penetrative sexual assault) of the POCSO Act. Section 6 mandates a minimum of 20 years of rigorous imprisonment, which can be extended to life imprisonment, or death penalty for the offence.
