‘The Lady Used to be Conscious about The Penalties of Her Act’: Bombay HC Grants Bail to POCSO Accused

‘The Lady Used to be Conscious about The Penalties of Her Act’: Bombay HC Grants Bail to POCSO Accused

A single-judge bench of the Bombay Prime Court docket of Justice Bharati Dangre has granted bail to a person who was once booked underneath the Coverage of Kids from Sexual Offences (POCSO) Act and Indian Penal Code (IPC) for allegedly having pressured sexual sex with a minor who was once 15 years previous.

It was once alleged that the applicant had taken the sufferer to his aunt’s area to fulfill her. Alternatively, his aunt was once no longer found in the home and the applicant allegedly had pressured sexual sex with the minor. It was once additionally alleged that he had threatened her to not inform any individual in regards to the incident.

Alternatively, the sufferer knowledgeable her folks in regards to the incident handiest after her sister stuck her talking to the applicant (accused).

The HC whilst granting bail to the applicant famous that even though the sufferer was once a minor, she was once acutely aware of the results of her movements and he or she had voluntarily accompanied the applicant to where.

The court docket famous, “Despite the fact that she is a minor and her consent develop into immaterial, in a case like this, the place she voluntarily joined the corporate of the applicant, and he or she had categorically admitted that she was once in love with the applicant, whether or not that she consented for the sexual sex or no longer, is the subject of proof. Until what level of time, she accompanied the applicant and whether or not she resisted the true bodily indulgence, when consistent with her, the applicant forcibly dedicated sexual sex along with her towards her needs, should be decided.”

The court docket additionally raised doubts in regards to the sufferer disclosing the incident to her folks. It stated, “The prosecutrix/sufferer stored quiet until her WhatsApp chat with the applicant was once objected to, by way of the members of the family after which she narrated the incident which was once speculated to have taken position on 6/4/2020. The time hole between those two occasions could also be a very powerful because it was once all the time open for the prosecutrix to divulge to the aunt in regards to the forcible act if it was once dedicated in her area, however she persisted to stay silent and disclosed the incident handiest when an objection was once taken for she organising touch with the applicant.”

The court docket whilst granting bail to the 21-year-old applicant stated, “Within the aforesaid cases and in particular, when the applicant could also be a tender boy, the potential of he additionally smitten by way of infatuation, can’t be dominated out and even though he might take the results of the accusations levelled towards him, at the moment, he don’t need to be additional incarcerated being arrested on 29/4/2021, when the trial might devour substantial time.”

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