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Soul of society judged by how it treats its children: Punjab and Haryana High Court denies bail to man in POCSO case

Punjab and Haryana High Court directed the trial court to expedite the trial and conclude it within six months.

3 min readNew DelhiUpdated: Jan 29, 2026 07:27 PM IST

Punjab and Haryana High Court held that the victim's sworn testimony fortified the prosecution's case at prima facie stage. (Image generated using AI)

The Punjab and Haryana High Court recently dismissed the bail plea of a man accused of repeatedly sexually assaulting a 13-year old girl, observing that a strong prima facie case was established based on the ‘consistent and corroborative testimonies’ of the minor girl and the complainant-mother.

Justice Neerja K Kalson while denying bail observed that the judiciary bears a solemn duty to act as a guardian for those who are incapable to protect themselves.

“The judiciary bears a solemn duty to act as a guardian for those who are incapable to protect themselves. When the innocence of a child is violated, the law must act not merely as a punitive instrument, but as an unwavering shield,” the order read.

Referring to the saying that “The soul of a society is judged by how it treats its children, for they are the living messages we send to a time we will not see”, the court remarked that a lenient approach is wholly unwarranted.

It also directed the trial court to expedite the trial and make endeavour to conclude it within six months.

Background

A complaint was lodged by the survivor’s mother, who reported that her 13-year-old daughter had gone missing and suspected that the accused had enticed her away.
Subsequently, an FIR was registered for offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and relevant sections of BNS and the accused was arrested.
His first bail application was dismissed by a Jhajjar court.

Also Read | Why Supreme Court wants government to consider a ‘Romeo-Juliet’ exception in POCSO Act

Findings

The petitioner’s contentions, while eloquently presented, must be weighed against the stringent and protective legislative framework of the POCSO Act, which places the welfare and protection of the child at the highest pedestal.
While the right to a speedy trial is a cornerstone of our criminal jurisprudence, the Supreme Court has repeatedly held, particularly in grave offences like those under the POCSO Act, that the period of incarceration alone cannot be the sole determinative factor for granting bail.
Granting bail at this critical juncture, when 18 witnesses are yet to be examined, would pose a tangible risk of witness tampering and intimidation.
The victim’s sworn testimony fortifies the prosecution’s case at this prima facie stage.
The absence of external injuries on the victim’s body is not, by itself, a ground to disbelieve the allegation of penetrative sexual assault. Such crimes, especially when repeated over time, do not necessarily leave visible marks.
A strong prima facie case is established against the petitioner, resting on the twin pillars of the consistent and corroborative testimonies of the victim and the complainant-mother.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More