Badlapur sexual assault case: Bombay HC rejects pre-arrest bail of two school trustees

HC said there was material showing the accused knew of incident but stayed mum. Pic/Sayyed Sameer Abedi

The Bombay High Court on Tuesday refused pre-arrest bail to two school trustees - the chairman and the secretary - named as accused in the Badlapur sexual assault case, which took place in August.

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Justice R N Laddha, in his order, noted that the offence was serious, and the chairman and secretary of the school were responsible for the management where the alleged sexual assault of two kindergarten girls took place in August.

"Prima facie, there is material to show that the two accused were aware of the alleged incident before August 16, but they failed to take any steps to report the same to the police or local authority," the judge observed.

"The victims are minors. The trauma they have endured can profoundly affect their adolescent years, leaving them with lasting psychological scars," the court said.

It was undisputed that the applicants were responsible for managing the school, it added.

"There is prima facie material indicating that the victims' parents had voiced their grievances to the class teacher and other staff members. The applicants were aware of the incident before August 16. Despite having knowledge, they did not report the incident to police," the HC said.

The delay in lodging a police complaint was primarily because of the applicants' negligence for reasons known only to them, the judge said.

"This duty is not merely a procedure that can be overlooked. The repercussions of failure to report such offences are serious," the HC said.

The court posted the matter for the next hearing on October 23 and also sought details of the action taken against the Badlapur police officials who failed to register a first information report (FIR) promptly and investigate the case properly.

The school's chairman and secretary have been booked under various provisions of the Protection of Children from Sexual Offences (POCSO) Act for not reporting the incident to the police immediately and negligence.

The duo had moved the HC seeking pre-arrest bail, after a session court refused them relief, claiming that they were unaware of the alleged offence.

Their pleas were opposed by Public Prosecutor Hiten Venegaonkar, noting that they had not taken prompt action after being informed about the incidents.

Two girls, aged four and five years, were allegedly sexually abused by a male attendant inside the toilet of the school at Badlapur in Thane district in August.

Akshay Shinde, the accused, was arrested but was shot dead by police in an alleged shootout on September 23.

Earlier, a division bench had reprimanded the Special Investigation Team (SIT) for its inability to apprehend the two accused.

The HC noted that the SIT had only sent notices to the duo through WhatsApp and email and asked if they were waiting for the accused to obtain pre-arrest bail.

"The police go to any extent to nab an accused. How come they have not been able to apprehend these two? Are they waiting for them to get anticipatory bail?" the division bench asked.

Advocate general Birendra Saraf informed the bench that the SIT was taking steps to apprehend the school trustees. Saraf assured that all steps were being taken to nab them.

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