The Kerala High Court said that sympathy is not necessary towards minor rape victims from society, but it should hold such minor victims close to their hearts and protect their interests and also see that they live in society with pride like every other citizen.
A Single Bench of Justice P V Kunhikrishnan granted bail to the accused and said that it is clear that the grandmother and the victim are relying on the petitioner for their livelihood. The victim is now facing trauma because, in her instance, her grandfather is kept in custody. Considering the facts and circumstances of the case, I think the petitioner can be released on bail, after imposing stringent conditions.
This order is passed to see that there is no further mental stress to the victim child.
The petitioner in the case is the accused of Vattiyoorkavu Police Station. The case is registered against the petitioner alleging offences punishable under Sections 4 r/w 3(b), 3(d), 8 r/w 7, 10 r/w 9(l), 9(n), 9(p) of Protection of Children from Sexual Offences Act, 2012 & Secs. 354, 354A(1)(i), 354(B), 376, 376(2)(f) of the IPC.
The victim in this case is a minor girl aged 17 years. She is studying in Plus One. The petitioner herein is the step-grandfather of the victim. The mother of the victim passed away about 8 years back due to cancer. Her father abandoned her during her childhood and the victim has not even seen her father. Hence, the victim is residing with the petitioner and her grandmother. The petitioner and her grandmother were sleeping in one cot in the bedroom of the house and the victim was sleeping in another cot in the same bedroom.
According to the victim, there was sexual abuse from the petitioner from 2019 onwards, while she was studying in 6th standard.
It is stated that one day in the early morning, while she was sleeping in the cot, the petitioner also slept along with her and with sexual intent, groped her breast. Due to fear, she did not disclose this incident to the grandmother. When her grandmother went to the hospital and there was nobody in the house, and at that time, the petitioner slept along with her and groped her breast and applied his mouth on her vagina. This incident happened while she was studying in 7th standard.
According to the victim, during this period, she did not know the grievousness of the petitioner’s act. Thereafter, the petitioner continued the sexual abuse. While studying in 8th standard, she started to resist the petitioner.
According to the victim, the petitioner threatened her that, if she disclosed the incident to anyone, he would kill her grandmother. Thus, she did not disclose these incidents to anyone. The poor victim, who is relying on her grandmother and grandfather for everything, was in an embarrassing situation. Her grandfather and grandmother are the only protectors in her life. But her grandfather abused her sexually. There were usual fights between grandfather and grandmother. The victim was disturbed by the same also. The last sentence in the FI Statement given by her will show the trauma faced by her.
These are the words of an innocent girl to the police, who is suffering sexual abuse from her own protector, who is none other than her grandfather. The FI statement was given by the victim on 1.11.2024 at 7 pm. The petitioner was arrested in connection with the case on 02.11.2024.
The Court said that,
But, as suggested by Advocate Parvathy Menon A, the Child Welfare Centre, Thiruvananthapuram should appoint a support person for the victim as per Rule 4(8) of the Protection of Children from Sexual Offences (POCSO) Rules, 2020 r/w Sec 39 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The support person should do the needful to see that the victim girl is living happily just like any other citizen of this Country and she is pursuing her studies in school.
The Public Prosecutor will take steps to issue a copy of this order to the school authorities also, where the victim girl is studying to see that she is happy and pursuing her studies without any mental stress from any corner.
The Court also made it clear that the Prosecutor should forward a copy of the order to the competent authority of the Government to take necessary steps to get victim compensation to the minor girl. The competent authority will pass necessary orders within 2 weeks of the receipt of the order.
Accordingly, the Court allowed the Bail Application with the following directions:
1.The petitioner shall be released on bail on executing a bond for Rs 50,000 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall cooperate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The petitioner shall appear before the investigating officer on all Mondays at 10.00 am, till the final report is filed.
6. The Registry will issue a copy of this order to the Public Prosecutor forthwith and the Public Prosecutor will instruct the investigating officer to forward a copy of this order to the CWC, Thiruvananthapuram. CWC, Thiruvananthapuram will appoint a support person to the survivor forthwith as per Rule 4(8) of the POCSO Rules r/w Sec 39 of the POCSO Act forthwith at any rate within two weeks from the date of receipt of this order. The support person will do the needful to see that the victim is happy and pursuing her studies without any mental stress. If any further abuse or harassment occurs from the petitioner or her grandmother towards the victim, the authority concerned will take appropriate steps, in accordance with law. The investigating officer will also forward a copy of this order to the school authorities, where the victim is studying. School authorities will see that the victim is happy and is pursuing her studies without any mental stress from any corner. The Prosecutor should forward a copy of this order to the competent authority of the Government to take necessary steps to get victim compensation to the minor girl. The competent authority will pass necessary orders within 2 weeks of the receipt of this order.
7. If any of the above conditions imposed on the petitioner are violated by him, the jurisdictional Court can cancel the bail in accordance with law, even though the bail is granted by the Court.