Showing Porn Videos To Children Aged 5-6 years: Allahabad HC Denies Bail To School-Van Driver [Read Order]

The Bench of Justice Dinesh Kumar Singh was hearing an application under Section 439 Cr.P.C. filed by the school-van driver in question, seeking bail in FIR registered at FIR No.0548 of 2019 under Sections 354 (2), 377, 504 IPC, 7/8 POCSO Act, Police Station Bazarkhala, Lucknow.

Facts of the Case

The accused-applicant is a driver of a school van belonging to Baba Tour and Travels. Children aged about 5-6 years had complained to their parents about the deeds of the accused-applicant. The statements of the witnesses and victims were annexed with the bail application.

One of the victims aged about 5 years told her mother that the accused-applicant used to show porn videos to the students travelling in the van and when students objected, he would burn them by lighter. He would also touch them inappropriately.

One of the victims aged about 6 years in her statement recorded under Section 164 Cr.P.C. before the Magistrate has stated that the accused-applicant would pass current and then he would force her to lick his private part. When the victim refused, she was beaten up by him.

Not only he alone, but two other co-accused used to do same offences with the victims. Another child aged about 5 years had also stated the same.

Court's Decision

The Court said,

"Considering the heinousness of the offence, tender age of the victims and relationship of the accused-applicant of trust, it is not a fit case where the accused-applicant should be allowed to come out from the jail." (emphasis supplied)

In view thereof, the Court did not find any ground to grant any indulgence to the accused-applicant and therefore, the bail application was thereby rejected

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