In this post we will discuss about the decision of Bombay High court in which the hon’ble high court granted bail to the youth pending appeal who has been convicted of sexual assault.
Bombay HC GRANTS BAIL TO 19 YR OLD IN POCSO CASE
HC : CONSENSUAL SEX BETWEEN TEENS GREY AREA; YOUTH GETS BAIL In absence of FSL report doctor’s opinion not final.
Introduction : In this post we will discuss about the decision of Bombay High court in which the hon’ble high court granted bail to the youth pending appeal who has been convicted of sexual assault.
Facts of the case :the teenager what convicted of having repeatedly rape and assaulted his minor cousin who lived in the same house. In her statement recorded before a magistrate, the girl who was 15 years old at the time said that it was a consensual act. The accused that is the teenager he was 19 at that time. The youth appealed against the conviction and soft suspension of the concurrence sentence of 10 years rigorous imprisonment for rape and aggravated penetrative assault. The crime allegedly occurred first in in September 2017. It was the miners class teacher who register the FIR in March 2018 after being informed of it by the girl’s classmate. The girl later alleged that she was sexually assaulted again in in October 2017 and February 2018.
Related Legal provisions: section 29 and 30 of Pocso act.
Legal issues : whether the youth is entitled to be released on bail or not?
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Decision of Bombay High court : The honourable Bombay High court while granting bail pending appeal to the youth convicted in a protection of children from sexual offences act said that it is conscious of the fact that consensual sex between minors has been in a legal grey area because their consent is not considered to be valid in the eyes of law. Justice S.K. Shinde said that the medical officer who examined a girl said he did not notice any external injury on her person suggesting forcible assault. Even the doctor side that overall clinical findings are consistent with sexual assault subject to the final report of forensic science lab (FSL).
The forensic science lab report 2 was not received till the trial concluded. The high court said that the opinion of the doctor was not final full stop the girl also the post that a statement to the police was at her teacher’s instance. Justice Shinde said,” I am conscious of the fact that passing of Pocso has been a significant and progressive step in securing children’s rights and for during the cause of protecting children against the sexual abuse.” The high court said that the case was distinctive as the teenagers were first cousins. A fact that cannot be overlooked is that the victim had resiled from her statement and even her mother was unfriendly to the prosecution. The prosecutor RM pe the opposed the youth be pointing to section 29 and 30 of the pocso act which called for presentation of culpability of the acute and his mental state. The high court said it could be gone into during the hearing of his appeal. It does granted bail and has directed the trial court to be kept informed of the youth’s address.
Conclusion : the Bombay High court in the present case observe that consensual sex between teen has been in a legal grey area and granted bail to the youth who has been convicted by the trial court for the offence of sexual assault. The court also observed that in the absence of forensic science lab report Dr the opinion is not final.
ALSO READ- SEXUAL HARASSMENT OF WOMEN IN INDIA
This post is written by Karishma Jain
For case specific advice, one can contact Expert POCSO Lawyers Advocates practicing in Chandigarh Panchkula Mohali Kharar Derabassi District Courts (Criminal).
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