Delay in trial in POCSO cases is not a ground for bail: Punjab and Haryana High Court

Haryana: The Punjab and Haryana High Court has ruled that the timelines under the POCSO Act are meant to protect children and cannot be used by accused persons to obtain bail due to delays in the trial.

Justice Neerja K. Kalson rejected the bail plea of ​​an accused man who has been in jail for over a year on charges of repeatedly sexually assaulting a 13-year-old girl. The defense argued that the slow pace of the trial violated the accused’s right to liberty.

Rejecting this claim, the court stated that the statutory timelines under POCSO are “for the benefit of the victim, not the accused.” The judge warned that granting bail on the grounds of delay would encourage accused persons to deliberately prolong trials.

“When the innocence of a child is violated, a lenient approach is entirely misplaced,” Justice Kalson said, adding that the judiciary must act as “an impenetrable shield” for children.

The victim testified that the accused took her to Delhi and Uttar Pradesh, kept her in rented rooms, and repeatedly sexually assaulted her. The court noted that her testimony and her mother’s statement fully supported the prosecution’s case. The defense relied on the girl’s earlier statement that she had left home “of her own free will.” The court dismissed this, ruling that consent is legally irrelevant under POCSO because a child cannot give valid consent.

“The primary evidence of a witness is the testimony given on oath before the trial court,” the judge said, adding that the absence of injuries does not negate sexual assault.

Finding a strong prima facie case, the court rejected the bail application but directed the trial court to complete the trial within six months.