The Bombay High Court denied pre-arrest bail on Tuesday to the chairman and secretary of a school in Badlapur, Maharashtra, related to the sexual assault of two minor girls by a male attendant.
Justice R.N. Laddha indicated that there was prima facie evidence showing the accused were aware of the incident before August 16 but failed to report it to the police or local authorities. The court highlighted the seriousness of the offense and the trauma endured by the young victims, which could lead to long-lasting psychological effects.
The court noted the responsibility of the applicants in managing the school and stated that the parents of the victims had raised concerns with the class teacher and other staff members. Despite being informed, the accused did not take appropriate action, and the delay in filing the case was attributed to their negligence.
Justice Laddha emphasized the legal duty of individuals to report any known offenses, underscoring the implications of failing to do so. Additionally, it was mentioned that CCTV footage from the day of the incident was missing.
The court referenced the Protection of Children from Sexual Offences (POCSO) Act and previous Supreme Court judgments that underscore the importance of promptly reporting sexual assaults against minors.
The accused contended that they were unaware of the alleged offense and questioned the delay in lodging the FIR, suggesting the incident’s validity since the victims had attended a flag-hoisting ceremony on August 15 without raising complaints.
Public Prosecutor Hiten Venegaonkar opposed the bail request, stressing the accused’s lack of timely action upon learning of the incident. They are charged under various provisions of the POCSO Act for their negligence.
The case involves two girls, aged four and five, who were reportedly assaulted by a male attendant in a school toilet in August. In response to public outcry regarding the investigation’s handling, the Maharashtra government formed a Special Investigation Team (SIT) to look into the matter.
The male attendant, Akshay Shinde, was arrested but was killed in a police shootout on September 23. As of now, the school’s chairman and secretary have not been apprehended.