In a significant ruling, the Bombay High Court denied pre-arrest bail to the chairman and secretary of a school in Badlapur, Maharashtra, where two minor girls, aged four and five, were allegedly sexually assaulted. The incident, which involved a now-deceased male attendant named Akshay Shinde, has drawn widespread attention and concern regarding the safety of children in educational institutions.
Justice RN Laddha, in a detailed observation, noted that there is prima facie evidence indicating that the two accused were aware of the assault before August 16 but failed to take necessary actions to report it to the authorities. The court emphasized the gravity of the situation, stating, “The victims are minors. The trauma that they have endured can profoundly affect their adolescent years, leaving them with lasting psychological scars.” The bench highlighted that the school officials had a responsibility to manage the institution and protect its students.
The court pointed out that the parents of the victims had voiced their grievances to school staff, yet the applicants did not report the incident to the police despite having knowledge of it. Furthermore, the judge remarked on the significant delay in filing the sexual assault case, attributing it primarily to the negligence of the accused officials. “There is a legal obligation on persons to report the offence if they are aware or made aware of it,” the court asserted.
In a separate but related development, the Bombay High Court criticized the Special Investigation Team (SIT) handling the case for its failure to apprehend the two school trustees accused of complicity in the crime. A division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan expressed concern over the police’s inability to arrest the trustees, questioning how law enforcement, which typically exhausts all resources to catch criminals, was unable to do so in this case. The court had previously taken suo motu cognizance of the matter in August.
The incident has raised serious concerns about the safety and security of children within educational environments, prompting calls for more stringent measures and accountability for school managements. The investigation is ongoing as authorities continue to seek justice for the young victims.
Sources By Agencies