New Delhi: The Delhi Police moved the Delhi High Court on Monday, seeking cancellation of bail of a 57-year-old school caretaker, accused of raping a three-year-old child inside a private school in west Delhi’s Janakpuri earlier this month.
After hearing the petition, Justice Saurabh Banerjee issued notice to the accused, Lalit Kumar.
The police’s plea challenged the trial court order which granted bail to him on May 7 in the case under the Protection of Children from Sexual Offences (POCSO) Act, as reported by PTI.
Additional Solicitor General (ASG) S V Raju called it a “gross case” and said the accused faces a minimum punishment of 20 years imprisonment for the offence, but the trial court granted him relief within a few days of his arrest, despite the survivor identifying him as the perpetrator.
“The 3-year old child has identified him.. Within seven days he was granted bail. This is gross case. This actually is a case of cancellation at the stage of notice,” ASG Raju said.
The counsel f
or the complainant also said they have filed a petition against the bail order, which was likely to come up for hearing on Tuesday.
After hearing the matter, the High Court listed the case for hearing on May 29 and sought the stand of the accused.
On May 1, the survivor’s mother filed a complaint at Janakpuri police station, alleging that her daughter was sexually assaulted during school hours by the accused.
The child had gone to the school on April 30, the second day after her admission. After returning home, she complained of pain. When questioned by her mother, the girl said that she was taken to an isolated area in the school, where the man allegedly assaulted her.
The police registered a case under section 64(1) (punishment for rape) of the Bharatiya Nyaya Sanhita and section 6 (Punishment for aggravated penetrative sexual assault) of the POCSO Act, based on the mother’s complaint.
Section 6 mandates a minimum of 20 years of rigorous imprisonment, which can be extended to life imprisonment, or death penalty for the offence.
The child identified the accused, following which the school caretaker was arrested on May 1, the police said. He was later produced before a court and sent to judicial custody.
A court in Dwarka, however, granted him bail on May 7 despite strong opposition from the prosecution. A female teacher was also arrested by the police in connection with the matter.