Sexual Assault Against Minors By Trusted Ones Magnify Betrayal, Leave Permanent Psychological Scars: Delhi High Court

The Delhi High Court has recently observed that sexual assault committed against minors by those who occupy positions of trust or confidence magnify the betrayal and leave permanent psychological scars in the lives of the victims. Justice Swarana Kanta Sharma denied bail to a man in a POCSO case accusing him of sexually assaulting a minor girl who called him “chachu”. The man was the father of the minor's friend and was her neighbour. Observing that the case reflected the profound trauma suffered by the minor victim at the hands of a person she trusted being neighbour and in whose house she had gone to play, the Court said:“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. 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.”It added that it is the duty of the Courts to recognize the broader implications of such heinous acts and that 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. Therefore, in cases like the present, the 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,” the Court said. It was stated in the complaint that the minor victim had disclosed the incident to her teacher after which her mother was called at the school and she was informed about the whole incident. On this, Justice Sharma said that the victim in the case, despite her young age, demonstrated commendable courage by confiding in her school teacher, as she was unable to bear the trauma caused by the violation of her body and dignity. “The Principal and teacher, instead of silencing or ignoring the child's plight, acted responsibly and informed the parents, which led to the registration of the present FIR. Their actions serve as a commendable example of the importance of supporting victims in such situations,” the Court said.It noted that the statement of the victim recorded before the Trial Court revealed that she had fully supported the prosecution case and the sequence of events. It said that the girl found it more comfortable to confide it to her school teacher and Principal than to her parents in the first instance.“Having observed so, this Court is of the view that other public witnesses in this case are yet to be examined before the learned Trial Court. The allegations against the applicant are serious and grave in nature. Thus, considering the overall facts and circumstances of the case, no case for grant of regular bail is made out at this stage,” it said. Title: SUBHAN ALI v. THE STATE NCT OF DELH I AND ANRCitation: 2025 LiveLaw (Del) 97Click here to read order

Sexual Assault Against Minors By Trusted Ones Magnify Betrayal, Leave Permanent Psychological Scars: Delhi High Court

Nupur Thapliyal

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