Keywords: bail cancellation, hostel warden, POCSO case, minor rape, sensitization program. Sexual assault, separate trials, right to be be heard, comprehensive security measures, casual bail grant.
The Gauhati High Court has started the process of canceling the bail of a hostel warden accused of raping 21 students under the age of 15, five months after the bail was granted.
The Court took action based on news articles from “Purvanchal Prahari” and “The Arunachal Times” which reported the grant of bail to the accused Yumken Bagra, the Hostel Warden of the Government Residential School in Karo Village, Monigong, Shi Yomi district, Arunachal Pradesh.
Chief Justice Sandeep Mehta was appalled over the casual manner in which the Special Judge handling the case under the POCSO Act granted bail to the accused on February 23, without providing substantial reasons. He expressed grave concerns about the safety of the victims after the accused was released on bail.
The case highlighted the need to sensitize trial courts, especially those handling POCSO offences. Subsequently, Chief Justice Mehta ordered the Director of the Assam Judicial Academy to conduct a training sensitization program for all judicial officers handling POCSO cases in Assam, Nagaland, Mizoram, and Arunachal Pradesh.
The Chief Justice also instructed the Advocate General to provide information on the measures taken by the State of Arunachal Pradesh to safeguard minor victims of sexual assault throughout the State.
The accused is said to have committed sexual assault against 15 girls and 6 boys between 2019 and 2022.
The accused was granted bail when the trial came to a halt due to the co-accused, Daniel Pertin, being on the run. The Chief Justice, however, highlighted that the trial of the hostel warden could have proceeded independently without waiting for the co-accused by conducting separate trials for them.
Chief Justice Mehta pointed out that accused was granted bail without giving the informant an opportunity to be heard, which goes against the requirement under Section 439(1A) of the Cr.PC for cases involving Section 376AB of the IPC.
Chief Justice Mehta criticized the POCSO court for disregarding the significant objections raised by the Special Public Prosecutor and granting bail to the accused in a careless manner.
The High Court also observed that the bail was granted by the Special Court in Arunachal Pradesh despite holding that the victims’ statements indicated a grave offense had occurred.
The Chief Justice underscored that as a warden, the accused had a responsibility to ensure the safety of the children in the hostel. However, upon thorough perusal of the charge-sheet, it is apparent that the accused compelled the children to watch pornographic movies and subjected them to repeated acts of sexual assault. The majority of the victims’ medical reports corroborate the claim of sexual assault, indicated by the presence of signs of violence on their private parts.
Hence, the High Court asked responses from both the accused and the Arunachal Pradesh government and scheduled the case for further hearing on July 27.
In the meantime, the Court ordered comprehensive security measures to be established for all minor survivors and their families under the Witness Protection Scheme.
The Court also instructed to inform the family members of the victims about the bail cancellation proceedings, enabling them to make submissions before the Court if they wanted to be heard.
References:
- Bar and bench, https://www.barandbench.com/news/litigation/pocso-gauhati-high-court-suo-motu-bail-cancellation-hostel-warden-accused-rape-21students, accessed 22 July 2023.
- New Indian Express, https://www.newindianexpress.com/nation/2023/jul/22/gauhati-hc-cancels-bail-of-arunachal-hostel-warden-accused-of-raping-21-girls-2597322.html, accessed 22 July 2023.
By: Saatvik, BBA LL.B. (Hons.), upcoming law student at Vivekananda Institute of Professional Studies, GGSIPU, Delhi, an intern under Legal Vidhiya.
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