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Bombay HC grants bail to accused POCSO

A single judge of the Bombay High Court, Bharati Dangre, has granted bail to a man booked under the Protection of Children from Sexual Offenses (POCSO) Act and the Indian Penal Code (IPC) for allegedly coerced sexual intercourse with a minor of 15 years.

It was alleged that the applicant had taken the victim to his aunt’s house to meet her. However, his aunt was not present in the house and the applicant allegedly had forced sexual intercourse with the minor. It was also alleged that he threatened her not to tell anyone about the incident.

However, the victim only informed her parents about the incident after her sister caught her having a conversation with the applicant (suspect).

The HC, when granting bail to the applicant, noted that although the victim was a minor, she was aware of the consequences of her actions and had voluntarily accompanied the applicant to the scene.

The court noted: “Although she is a minor and her consent becomes immaterial, in a case like this, where she voluntarily joined the applicant’s company, and she had categorically admitted that she was in love with the applicant, whether she consented before the sexual intercourse or not is a matter of evidence Until what time she accompanied the applicant and whether she resisted the actual physical indulgence, when according to her the applicant had forced sexual intercourse with her against her will, will have to be determined. “

The court also expressed doubts that the victim had told her parents about the incident. It read: “The accuser/victim kept quiet until her WhatsApp chat with the petitioner was objected to by the family members, then she related the incident which allegedly happened on 6/4/2020. The lapse of time between these two events is also crucial, as the prosecution was always open to telling the aunt about the violent act if it had been committed in her home, but she remained silent and only disclosed the incident if there was any objection. taken because she makes contact with the applicant.”

While granting bail to the 21-year-old applicant, the court said: “In the above circumstances and particularly where the applicant is also a young boy, the possibility that he may also fall in love cannot be ruled out and although he may take Given the ramifications of the charges brought against him, he does not need further detention at this time, as he was arrested on 29/4/2021, when the trial could take a long time.”

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