The Bombay High Court has granted bail to the 20-year-old offender, who was charged with sexual assault (POCSO) as per the complaint filed by a 14 year old. Granting bail, the court stressed on the necessity of providing a second chance to young offenders.

The 20-year-old accused was charged under the Protection of Children from Sexual Offences (POCSO) act based on the complaint of the 14 year old cousin. The victim, who is an orphan staying at her uncle's place, stated that she was sexually assaulted in three occasions.

Even though prosecution warned the court that the bail will curtail the faith of public in law, the accused was granted bail considering the contradictions in victim's statement and the fact that the accused is of young age. The court observed that given the accused's age, there is a chance that the 20 year old might feel remorse and repent in his further life.

The victim who was sexually assaulted three times had remained silent for a span of five months before breaking the silence by informing the authorities about the offense. This period of silence from April 2023 to August 2023 played a significant role in the bail of the accused as the court found several loopholes and contradictions in the victim's statement. According to the court, the statement given by the victim to the police and the medical counselor was contradicted. Initially, the victim had informed that the mother of the accused was at home whereas she later stated that no one else was present at the time of the crime.

A year after the accused's arrest, the victim submitted an affidavit asking for unconditional bail for her cousin which was granted by the court. However, the prosecution opposed the bail plea highlighting how this could set a wrong example to the public and adversely influence the trust that the public has in the court.

(Input from various sources)

(Rehash/Jithin Paul/MSM)