Delay In Minor's Testimony Due To Psychological Distress Caused By Sexual Assault, Human Trafficking Not Ground For Bail To Accused: Delhi High Court

The Delhi High Court has observed that the delay in testimony of a minor, who is a victim of sexual assault and human trafficking, before the trial court, cannot serve as a ground for bail to the accused.

Justice Swarana Kanta Sharma took note of the “realities of profound impact” of sexual assault and human trafficking on a minor victim, which extends beyond mere physical harm that inflicts enduring mental trauma.

Observing that the psychological distress endured in such cases far exceeds what meets the eye, the court said:

“It is crucial to recognize that delays in the victim's testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.”

Justice Sharma made the observations while denying bail to a man in a POCSO case, accused of raping a 12 year old girl.

When the minor was produced before the trial court, she remained silent despite the judge's efforts after which she was sent to a counsellor. As per the counsellor, the minor was in extreme emotional distress, sadness and anxiousness and was not even able to communicate properly.

Denying bail to the accused, Justice Sharma perused the minor's statement recorded before the magistrate wherein she alleged that the accused brought her to Delhi forcibly from Ranchi and took her somewhere for working, however, he was not paying her anything.

“After one year, when despite working at the place where he had employed her, when the accused had not given her a single penny she had insisted that she be given salary by the accused, however, he kept on insisting that he will not send her home and she should continue to work,” the court said.

It added that the case not only involved the disturbing dimension of sexual assault perpetrated against a 12 years old, but also highlighted the grim reality of human trafficking, exploiting individuals for exploitative labour practices.

“This Court notes that the victim is still grappling with the trauma of the alleged incident, and awaits counselling before her statement can be recorded. It is further noted that given the gravity of the situation and the comprehensive examination of the case's facts and circumstances, this Court finds it inappropriate to grant bail to the accused,” the court said.

It further said that it was not a case of not deposing against the accused, but a case of “not being able to depose” due to trauma of sexual abuse and human trafficking.

“The Courts have a duty to ensure that accused persons involved in serious offences as the present case, which result in life altering changes in a young girl's life are not released on bail on ground of the victim being not in a position to depose against them, when it is writ large on the face of the record that she has become tongue-less qua the deposition against the accused only due to the impact of trauma undergone by her due to sexual assault and human trafficking thousands of miles away from her home and her family at the tender age of 12 years,” the court concluded.

Title: ANUP BHENGRA @CHOTU v. THE STATE GOVT OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 249

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