Delhi HC: Sexual assault of children by trusted persons frequent; denies bail to man accused of harassment

NEW DELHI: The Delhi High Court has denied bail to a man accused of sexually assaulting his minor neighbour and said sexual assault among children by trusted persons was frequent. Justice Swarana Kanta Sharma made the observation while denying bail to the man accused of sexual harassment and aggravated sexual assault on the 13-year-old survivor in July, 2024.

"This case reflects the profound trauma suffered by the victim, a minor, at the hands of a person she trusted - her neighbour, in whose house she had gone to play, and whom she addressed as chacha (uncle). It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children are often committed by individuals who occupy positions of trust or confidence in the child's life," the court said.

The judge rejected the accused's plea that the delay in FIR cast a doubt over the survivor's genuineness, observing she was of a "tender age" and the incident would have considerably scared her. It is understandable she could not have gathered the courage to inform about the incident to her parents, the judge said on January 15. The case was lodged after the survivor confided in her teacher.

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Action of school teacher served as an example

The court said such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime. The survivor, despite being young, showed commendable courage by confiding in her school teacher, as she was unable to bear the trauma, the court said.

The actions of the principal and teacher serve as a commendable example of the importance of supporting suvivors in such situations, as they, instead of silencing or ignoring the child's plight, acted responsibly and informed the parents, which led to the registration of the present FIR, it added.

"One must always remember that crimes of sexual assault against minors are not just violations of their physical integrity but also attacks on their innocence and sense of safety, and often leave permanent psychological scars. When such offences are committed by individuals the victim trusts, the impact is even more severe, both for the victim and society at large," the judge said.

In such cases, courts must send a strong and clear message, through its orders and judgments, that such acts will not be condoned and that the justice system will act decisively to protect the most vulnerable members of society, added the court. The application claimed the accused was falsely implicated in the case.