HC denies bail in Pocso case, says crimes against children impact society at large | Hyderabad News

HC denies bail in Pocso case, says crimes against children impact society at large

Hyderabad: Telangana high court held that the survivors in Pocso cases may be individuals, “but in the ultimate eventuate, it is the society which is the victim”, and such crimes create a dent in the law and order situation, disturb orderliness, and affect the peaceful life of the society.Observing that sexual offences against children are not merely crimes against an individual victim but against society as a whole, the high court has refused bail to a 49-year-old man accused of sexually assaulting a minor girl and throwing her from the rooftop of an apartment building in Khammam.Justice BR Madhusudhan Rao, while dismissing the bail plea of Mohammed Ghouse, held that the seriousness of the allegations under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (Pocso) Act weighed against granting relief to the accused.Relying on Supreme Court precedents, the judge held that filing of a charge sheet or completion of the investigation does not dilute the gravity of allegations in serious Pocso cases. “Granting bail mechanically without considering the victim’s statement, medical evidence and the potential for post-bail intimidation renders the bail order perverse and legally unsustainable,” said the judge.The court further noted that under the Pocso Act, an accused is not automatically entitled to bail merely because the investigation has reached its final stage, or a charge sheet has been filed. Bail can be considered only when the court is satisfied that the victim would remain completely safe and free from coercion.“In sexual crimes against children, the main risk is post-investigation shifts from tampering with the police evidence to intimidating or influencing the victim during trial testimony,” observed the judge, adding that it was not a fit case for bail, particularly when the trial schedule had already been fixed.According to the prosecution, the victim, a 12-year-old girl, was allegedly thrown off the roof of an apartment building on June 6, after she resisted the accused’s inappropriate advances. She sustained serious injuries, following which a case was registered under the Pocso Act and for attempt to murder.The petitioner contended that he had been falsely implicated because of political rivalry. He pointed to a two-day delay in lodging the complaint and alleged inconsistencies in the victim’s preliminary statement. He also argued that there was no possibility of tampering with evidence as the investigation had been completed and a charge sheet filed.BoxHyderabad: Public prosecutor Palle Nageswar Rao opposed the bail plea, submitting that the trial court had already scheduled the examination of witnesses. He also placed before the court details relating to the accused’s criminal antecedents, including a history sheet that was subsequently closed on court orders and another case in which he had been acquitted.