Delhi High Court Grants Bail in POCSO Case Due to Delay in Complaint

The Delhi High Court has granted bail to an accused in a case under the Protection of Children from Sexual Offences (POCSO) Act. The complaint was lodged after a significant delay of more than two and a half years.

Initial FIR and Arrest

Advocate Amit Sahni, representing the accused, stated that the initial FIR was filed by the victim’s mother on June 29, 2021, regarding allegations of rape. The accused was arrested the same day but was granted bail by the Additional Sessions Judge on July 7, 2021.

Delay in POCSO Complaint

The daughter’s complaint under the POCSO Act was filed much later, prompting the defense to question the unexplained delay in reporting the crime. Justice Manoj Kumar Ohri noted that the incident allegedly occurred on the eve of the registration of the other FIR by the mother of the victim. However, the complaint regarding the present offence was made nearly two years after the alleged incident.

Statements and Court Observations

In her statement under Section 161 of the CrPC, the victim stated that she informed her mother of the incident the very next day. However, the prosecutor’s mother did not mention anything regarding the alleged offence while lodging the FIR. Even during the submissions made at the time of considering the bail application, no reference was made to the incident alleged in the present FIR.

The victim’s statement under Section 164 of the CrPC mentioned that her grandparents, uncle, aunt, and younger brother were present in the house during the alleged offence, and her aunt intervened. Despite this, none of these details were reported until the filing of the current FIR.

Bail Granted

Taking into account these arguments and the prolonged delay, the court granted bail to the accused upon furnishing a personal bond of Rs 25,000 with a surety of the same amount.