New Delhi, May 12 : Taking a dim view of the attempt to settle a sodomy case, the Delhi High Court disapproved of the accused and the mother of the juvenile victim’s settlement decision for Rs 2 lakh, and expressed regret that the child’s physical and mental distress has been “weighed” in terms of money.
Where mothers are expected to fight and make sure the child is safe and happy, in this instance the woman has failed to understand the pain and trauma undergone by her son.
Justice Swarana Kanta Sharma held that such horrible crimes could not be tolerated and that no mercy could be extended.
“This court notes with a sense of sadness that the victim child’s physical and mental trauma has been weighed in terms of money, that is Rs 2 lakh, by the mother of the child victim herself which is unexpected and unacceptable.Such heinous offences cannot be taken lightly nor mercy can be shown,” she said.
She stated that when the child feels voiceless in these circumstances, the court is obliged to recognise and hear the voiceless.
She then refused granting bail to accused Sabuddin, who has been in custody since October 17, 2021.
Notably, the other accused in the case was a juvenile.
The prosecution has claimed that the incident occurred in October 2021 when the two defendants took the boy, who was playing outdoor, to a desolate area under the pretence of buying him some food before sexually assaulting him.
Justice Sharma said: “The mother was expected to understand the pain and trauma undergone by her child, who was only six years of age and had been violently sexually assaulted and wounded physically and mentally by two culprits.”
The defendant sought release on the basis that the victim’s mother had already consented to a compromise with them, a settlement deed has been placed on record, and that she has no objections if he were given the relief.
However, the prosecutor opposed the bail plea since the accused allegedly committed a horrific and serious offence against a kid who was only six years old, and the prosecution’s case was supported by both the medical record and the young victim.
“The gravity of the offence is aggravated even further by the fact that five bail applications of the accused were rejected, and now they have placed on record a compromise deed with the mother of the victim child wherein it is stated that the matter has been settled between the parties upon payment of Rs 2 lakh,” the court said.
This in itself “speaks volumes about how desperately the accused persons have tried to win over the family of the victim child,” the court added.
It said at times, the stories of cruelty and sexual assault, which are explained in the form of a medical report and the statement of the victim child recorded by the trial court and the police, speak volumes.
The court dismissed the bail plea saying that “while deprecating the attempt of the accused persons and the mother of the victim child to have tried to settle the matter for Rs 2 lakh, and appearing in the court to state that the accused be granted bail, this court finds no ground to grant bail to the present accused or applicant.”
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