Excelsior Correspondent
JAMMU, June 4: High Court has rejected the bail application of Sunny Kumar, driver of a school bus, who was booked under Protection of Children from Sexual Offences (POCSO) Act for misbehaving with a 3-year-old girl.
After hearing both the sides, Justice Sindhu Sharma observed, “the applicant was about 32 years of age, while the victim was only three years of age, the difference in the age of the minor victim and the applicant accused makes this offence very heinous and there is element of perversion is also involved in this case”.
“This heinous allegation against him has shaken the confidence and trust of the child. The applicant has submitted that delay in trial has affected his liberty and therefore he is entitled to be released on bail. The delay in trial is due to the circumstances beyond the control of the Special Court”, Justice Sindhu Sharma said.
“This, however, cannot be the ground for admitting him to bail. There is sufficient material on record to prima facie show the involvement of the applicant in the alleged crime and in view of Section 29 of the POCSO Act, the presumption of innocence is not available to the applicant”, High Court said while rejecting the bail application.
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