Delhi High Court Cancels Bail in School Assault Case, Citing Overlooked Evidence

The Delhi High Court on Monday cancelled the bail granted to a school staff member accused of sexually assaulting a three-year-old girl at a school in West Delhi. The court observed that the trial court had overlooked crucial facts, including the victim's consistent identification of the accused.

Justice Vinod Kumar, in his June 29 order, set aside the bail granted on May 7 by an Additional Sessions Judge in Dwarka. The High Court noted that the lower court had not considered that the victim, being only three years old, could not be expected to narrate events with adult-like coherence. The court stated, "A child of such a tender age may appear to be incoherent and sometimes even illogical, but that does not mean that what a child is saying is incorrect."

The alleged incident occurred on April 30. The victim reported the incident to her mother, initially without naming the accused. Later, she identified the accused and the location of the incident. The High Court highlighted that in the junior school, only two male staff members were present—a guard and the accused—making misidentification unlikely.

The trial court had granted bail after noting that CCTV footage showed the accused leaving the junior wing at 8:37 am and that medical examination revealed no visible injuries. However, the High Court found that the lower court had ignored the victim's version and the fact that the investigation was ongoing. The High Court directed the accused to surrender by July 1.

The Delhi Police, represented by Additional Solicitor General S. V. Raju and Additional Public Prosecutor Aman Usman, had challenged the bail order. The case continues to be investigated.