Badlapur sexual assault case: Bombay HC denies pre-arrest bail to 2 accused, pulls up SIT
Two girls - aged four and five - were sexually assaulted inside the washroom of a school in Badlapur town of Maharashtra's Thane district by a male attendant
The Bombay high court on Tuesday denied pre-arrest bail to the chairman and secretary of the school in Maharashtra's Badlapur where two minor girls were allegedly sexually assaulted by now deceased male attendant Akshay Shinde.
According to a PTI report, a single bench of Justice RN Laddha said there is prima facie material to show that the two accused were aware of the incident before August 16 but failed to take any steps to report the same to the police or local authority.
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“The victims are minors. The trauma that they have endured can profoundly affect their adolescent years leaving them with lasting psychological scars. It is undisputed that applicants are persons responsible for managing the school,” the court stated.
"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 high court added.
‘Delay in lodging case primarily because of negligence': Bombay HC
During the hearing, the bench said delay in lodging of the sexual assault case was "primarily because of applicants' negligence for reasons known only to them."
“There is a legal obligation on persons to report the offence if they are aware or made aware of it,” it added.
The court further said the CCTV footage of the school premises from the day of the incident is missing.
Two girls - aged four and five - were sexually assaulted inside the washroom of a school in Badlapur town of Maharashtra's Thane district by a male attendant.
The accused, Akshay Shinde, was subsequently arrested. He was killed by police in a shoot-out on September 23.
ALSO READ: Badlapur case accused Akshay Shinde buried amid protests in Ulhasnagar
Bombay HC raps SIT for failure to nab accused trustees
In another development, the Bombay high court pulled up the Special Investigation Team (SIT) probing the Badlapur school sexual assault case for its inability to nab the two accused school trustees.
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According to a PTI report, a division bench of Justices Revati Mohite Dere and Prithviraj Chavan questioned as to how the police, that usually go to any extent to nab an accused, are unable to arrest them in this case. The court in August took suo motu (on its own) cognisance of the case.
Advocate General Birendra Saraf informed the bench that the two accused are still absconding and have not been apprehended.
"The police goes 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 court said.
Saraf said the police were taking all steps to apprehend the duo.
The court posted the matter for further hearing on October 23.