Unbelievable! Bombay HC grants bail to POCSO accused, says fondling, kissing not unnatural offence
Justice Prabhudessai said, "In my considered view, this would not prima facie constitute offences under section 377 (Unnatural sex offences)of the Indian Penal Code (IPC)."
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Mumbai, May 17: Bombay High Court recently said touching private parts of the victim and kissing on the lips do not prima facie constitute an unnatural offence and granted bail to an accused. In a 4-page order, Justice Anuja Prabhudessai said, "The statement of the victim as well as the First Information Report (FIR) prima facie indicates that the accused had touched the private parts of the victim and had kissed his lips."
The father said that on April 17, 2021 they found money from the cupboard missing. On asking the son, the father got to know that he used to play an online game and had paid the money to Dubey to recharge the said gaming app. The minor also told his parents that Dubey sexually abused him.
The court added, “The offence under Sections 8 and 12 of the POCSO Act are punishable for a maximum imprisonment up to five years. The applicant is in custody for almost one year. Charge is not yet framed and trial is not likely to commence in the immediate future. Considering the above facts and circumstances, the applicant is entitled for bail.”
The Bench granted bail to Dubey on a bond of Rs 30,000 and directed him to report to the Oshiwara police station once in two months. Such decisions taken by the Bombay HC are truly shameful and bring forth the reality of the system.
Justice Prabhudessai added, "In my considered view, this would not prima facie constitute offences under section 377 (Unnatural sex offences)of the Indian Penal Code (IPC)."
FIR has been registered by victim’s father under Sections 377 (unnatural offences), 384 (punishment for extortion), 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC) and Sections 8 (punishment for sexual assault) and 12 (punishment for sexual harassment) of the Protection of Children from Sexual Offences Act (POCSO).
The father said that on April 17, 2021 they found money from the cupboard missing. On asking the son, the father got to know that he used to play an online game and had paid the money to Dubey to recharge the said gaming app. The minor also told his parents that Dubey sexually abused him.
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The court recorded, “The statement of the victim as well as the First Information report prima facie indicate that the applicant [Dubey] had touched the private parts of the victim and had kissed his lips. In my considered view, this would not prima facie constitute an offence under Section 377 of the IPC.”
The court added, “The offence under Sections 8 and 12 of the POCSO Act are punishable for a maximum imprisonment up to five years. The applicant is in custody for almost one year. Charge is not yet framed and trial is not likely to commence in the immediate future. Considering the above facts and circumstances, the applicant is entitled for bail.”
The Bench granted bail to Dubey on a bond of Rs 30,000 and directed him to report to the Oshiwara police station once in two months. Such decisions taken by the Bombay HC are truly shameful and bring forth the reality of the system.