In a stern rebuke to leniency in child sexual assault cases, the Supreme Court on Friday revoked bail granted by the Allahabad High Court to a youth accused of repeatedly subjecting a minor girl to penetrative sexual assault in Uttar Pradesh, using armed threats and blackmail videos. The apex court bench, comprising Justices B.V. Nagarathna and R. Mahadev Menon, described the offenses as "heinous and grave," emphasizing their "devastating impact on the victim's life" and how they "profoundly unsettle the collective conscience of society."
The case stems from incidents in 2024 in a small town under the jurisdiction of a local Uttar Pradesh police station, where the accused—identified as Respondent No. 2, a 22-year-old local man—allegedly lured the minor victim (aged 14) to isolated spots multiple times. According to the chargesheet filed under the Protection of Children from Sexual Offences (POCSO) Act, 2012, he intimidated her with a knife, committed penetrative assault, and recorded the acts on his mobile phone to extort further compliance and silence her. The victim bravely disclosed the abuse during a school counseling session, leading to the accused's initial arrest in late 2024. A Child Welfare Committee (CWC) report highlighted her ongoing psychological distress, nightmares, and fear of reprisal, especially since both reside in the same locality.
On April 9, 2025, the Allahabad High Court granted bail to the accused, who had been in custody for just a few months, primarily citing the filing of the chargesheet and lack of explicit trial delays. However, the Supreme Court set aside this order as "manifestly perverse" and "vitiated by material misdirection." Citing its 2023 judgment in XXX v. State (a landmark POCSO bail cancellation case), the bench reiterated that courts must weigh the "nature and gravity of the offense," investigative materials like the victim's recorded statements, and risks such as witness tampering—factors the high court overlooked.
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Key lapses highlighted by the SC included ignoring the statutory rigor of POCSO Sections 4 (penetrative sexual assault), 6 (aggravated penetrative assault), and 8 (sexual assault), which carry minimum 10-year sentences. The bench noted the "real and imminent apprehension" of intimidation post-bail, given the accused's proximity to the victim, and stressed that "the safety of the victim and the need to preserve the purity of the trial process assume paramount importance." It directed the accused to surrender within two weeks, failing which coercive action would follow.
This ruling underscores the Supreme Court's zero-tolerance stance on POCSO violations, where over 1.5 lakh cases were pending nationwide as of 2025 (per NCRB data). The bench urged expeditious trials, directing the trial court to prioritize the case and conclude proceedings "as expeditiously as possible," ideally within six months, in line with POCSO's fast-track mandates.
Legal experts hail the verdict as a "wake-up call" for lower courts. "It reinforces that bail isn't a right in grave child abuse cases; victim protection trumps all," said advocate Karuna Nundy, a child rights specialist. The POCSO Act, enacted in 2012 amid rising child sex abuse reports, mandates child-friendly procedures, special courts, and severe penalties to deter predators.
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