Sexual Abuse of Minor Children by Mahant is Non-Comparable: POCSO Court, Lucknow

A bail application was denied by the local courts of Lucknow of a Mahant of Badi Kali Ji Temple, who was arrested for allegedly sexually assaulting minor siblings. Mahant was arrested by the Lucknow police department on accusations of sexually assaulting minor siblings including a boy and girl. He was subsequently charged under Section 354, 377, 511, and 7/8 Of the POCSO Act.


The said complaint against Mahant was made by a young man, who sells sweets in his shop located within the Temple Premises and lives with his widowed mother and minor sister.

In his complaint, he reported that the Mahant called him to his room on April 8th after the night aarti and asked him to dab his legs and hands. He claimed that he was assaulted several times by Mahant by blackmailing him to shut his shop on the temple premise. He further reported that the Mahant also assaulted his minor sister and attempted to establish unnatural relations with him.


The Additional District and Sessions Court of Lucknow was listening to the matter for the bail of the Mahant. Judge B.R. Prasad rejected the bail application and stated that:

“Regarding exploitation (of children), the Human Rights Commission has said that children should be given opportunities and facilities for their healthy development in a free and dignified environment, and children and young people should be protected against exploitation and moral and economic abandonment. A child is the supreme asset of the nation.”

The Sessions Court additionally emphasized that children are the most wonderful blessing to humanity and that the sexual abuse of a child is a grave crime. It reiterated that in circumstances when the abuse of a minor child takes place by a person of his acquaintance or a person of trust then this kind of crime is considered more serious and grave.

The Court called it a serious matter and denied bail.

– Vaishali Jain, Advocate & Associate – POSH at Work & Hamda Arfeen

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