Delhi police on Monday urged the Delhi High Court to cancel the bail granted by a lower court to a 57-year-old staff member accused of raping a three-year-old nursery student inside a private school in West Delhi’s Janakpuri earlier this month.
Justice Saurabh Banerjee issued notice to the accused, Lalit Kumar, on the police plea challenging the trial court order that granted him bail on May 7 in the case registered under the Protection of Children from Sexual Offences (POCSO) Act.
Terming it a “gross case”, Additional Solicitor General (ASG) S.V. Raju said the accused faces a minimum punishment of 20 years’ imprisonment for the offence, but the trial court granted him bail within days of his arrest despite the survivor identifying him as the perpetrator.
“The three-year-old child has identified him. Within seven days, he was granted bail. This is a gross case. It is actually a fit case for cancellation of bail at the notice stage itself,” ASG Raju submitted before the court.
Counsel for the complainant said they had also filed a petition challenging the bail order, which is likely to come up for hearing on Tuesday. The High Court listed the matter for hearing on May 29 and sought the response of the accused.
The case came to light after the child’s mother lodged a complaint with the police, following which an investigation was initiated.
The mother alleged that her three-year-old daughter was sexually assaulted during school hours by a male staff member of the school. The accused was arrested after being identified by the victim. Based on the complaint, a case under Section 64(1) of the Bharatiya Nyaya Sanhita (BNS) and Section 6 of the POCSO Act was registered at the Janakpuri police station.
During the investigation, the accused was arrested promptly after identification by the victim, and the child’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was recorded before the court. Relevant CCTV/DVR footage and other exhibits were also seized in accordance with the law.
“The investigation has been conducted in a fair, professional and impartial manner on the basis of scientific evidence, forensic examination, witness statements and the merits of the case,” an official said.
