Children who are sexually abused face ‘a particular sinister type of trauma’, says High Court

Bombay High Court (Express Photo by Pradeep Kocharekar/File)

The Bombay High Court refused to grant bail to a man accused of sexually assaulting a six-year-old girl, observing that the “mental and psychological trauma of such sexual assault troubles the minor female child throughout her life” and causes “a particular sinister type of trauma”. The court was hearing an application filed by the accused seeking the suspension of his seven-year sentence and his release on bail while the appeal filed by him is pending. “After due trial, the accused is found guilty of the offence of penetrative sexual assault on a minor female child, six years of age. The mental and psychological trauma of such sexual assault troubles the minor female child throughout her life resulting in depression, anxiety and post traumatic stress disorder,” said Justice A M Badar. The child was studying in class 1 at the time of the incident.

“Such sex abuse is a particular sinister type of trauma, because of the shame it instills in the victim, which lasts throughout the life. Therefore, the fact that he was on bail throughout the trial pales into insignificance,” the court further held.
The accused was sentenced to seven years imprisonment.

The lawyer of the accused argued in the high court that his client was 75 years old, and so, should be released on bail. The court, however, held that the age of the applicant in such a case was irrelevant. The additional public prosecutor appearing for the state opposed the bail application by pointing to the testimonies given by the victim and a doctor.