Bombay High Court Granted Bail To a 20-Year-Old Boy Accused Under POCSO Act

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Bombay High Court has granted bail to a 20-year-old boy who was accused under Sections 377, 323, 506 of Indian Penal Code and for offences under Sections 3 (a), 3(c) read with 4, 5 (e), 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

The Bombay High Court while granting the bail observed,

The purpose of rehabilitative sentencing is to reform the offender as a person so that he may become a normal law-abiding member of the community once again.”

The Offence was registered in Chaturshrungi Police Station for offences punishable under the abovementioned Sections by the mother of the victim on February 5, 2020. She reported that when she returned to her home on February 4, 2020, she found her 13-year-old son scared of something and when she inquired, her son said that the applicant had asked him to accompany him to his house at around 3 pm.

When her son went to his house, the applicant locked the door and forced him to sleep on the coat and remove his clothes. When the boy hesitated and asked him the reason for doing so, he was blown on his back and ribs.

Therefore, it was alleged that the applicant had attempted to have Carnal Intercourse with the 13-year-old boy. The boy also tried to raise an alarm, but the applicant pressed his mouth and again tried to do that unnatural act. At last, when he felt dizzy, he was allowed to wear the clothes and was threatened to be killed if he told anyone about the incident.

The order was passed by a single-judge bench of Justice Bharati Dangre while hearing the criminal bail petition filed by Shubham Suresh Thorat. The Bail Application seeks the release of the applicant who has been charge-sheeted.

The court said,

Apart from the seriousness of the accusation, which he is facing, his impressionable age will also have to be taken into consideration while dealing with his bail application. He is reported to have indulged in the past, when he was juvenile in offences invoking Sections 323 and 324, 504, 506 of the IPC. Barely attaining the majority, in the year 2018, he is involved in two offences registered in Chaturshrungi Police Station; one invoking Sections 323, 324, 504, and 506 with Arms Act and another offence invoking Sections 354, 354A (1) of the IPC. Chapter proceedings were also initiated against the applicant”

“Across the globe, rehabilitation seeks to bring about fundamental changes in offenders and their behaviour. It generally works through education and psychological transformation to reduce the likelihood of future criminality. The purpose of the reformative theory also known as rehabilitative sentencing is to reform the offender as a person so that he may become a normal law-abiding member of the community once again.” the court held.


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