Delhi HC allows POCSO accused to appear for IGNOU exam under police custody, declines interim bail

New Delhi, July 1 (IANS) The Delhi High Court on Wednesday declined to grant interim bail to an accused facing trial in a rape and POCSO case but directed the jail authorities to escort him in custody to his examination centre to enable him to appear in an Indira Gandhi National Open University (IGNOU) examination.

In its order, a single-judge Bench of Justice Girish Kathpalia balanced the accused’s right to pursue his education with the concerns raised by the prosecution, directing that he be taken from jail to the examination centre under custody on July 8 between 10 a.m. and 7 p.m.

The accused had sought interim bail in connection with an FIR registered at Uttam Nagar police station under Section 376 of the IPC and Section 6 of the POCSO Act. According to the prosecution, the accused allegedly committed penetrative sexual assault on an eight-year-old girl who used to visit him for tuition classes.

Counsel for the accused sought interim bail to appear in an examination scheduled for July 8, submitting that he had earlier also been granted interim bail for the purpose of taking examinations and that the examination was important for his career.

Opposing the plea, the prosecution argued that the trial was at an advanced stage, with the Investigating Officer having already been partly cross-examined, and expressed apprehension that the accused could abscond if released.

It further highlighted that the forensic evidence, including DNA profiling, was against the accused and questioned why he had not approached the concerned authorities for allotment of an examination centre inside the jail.

“Considering the overall circumstances and balancing the rival rights,” Justice Kathpalia directed that on July 8, from 10 a.m. to 7 p.m., “the accused/applicant shall be taken in custody to the examination centre”.

The Delhi High Court also directed the accused to furnish a copy of his IGNOU hall ticket or admit card to the concerned Jail Superintendent at the earliest to ensure compliance with the order.

“It is made clear that none of the above observations shall be read to the prejudice of defence of the accused/applicant during trial,” Justice Kathpalia said. The order has also been directed to be communicated to the concerned Jail Superintendent.

–IANS

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