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Synopsis

The Bombay High Court has recently granted bail to a stepfather who was convicted by a Special POCSO Court for aggravated sexual assault and was sentenced to imprisonment of 5 years.

A single-judge bench of the high court comprising Justice SV Kotval was hearing an application filed by a man seeking bail pending his appeal against the order of the POCSO court.

The prosecution alleged that when the 11-year-old victim used to sleep, her stepfather used to touch her indecently and also touch her chest and private parts. When she resisted, he used to threaten to kill her and her mother.

Later, the victim revealed the incidents to her mother after which an FIR was filed against the stepfather and he was arrested.

The stepfather contended before the high court that the appeal was not likely to be decided soon and the victim’s deposition did not inspire confidence. He further contended it was not possible for the mother not to have noticed the incident or heard the shouts of the victims.

He argued that the allegations were a result of the matrimonial dispute between the victim’s mother and him implying that he was falsely implicated.

The victim and the Additional Public Prosecutor submitted that there was no delay in lodging of the FIR.

The bench while granting bail to the stepfather noted that, “..the sentence imposed on the Applicant is five years. Out of which he is in custody for almost one year. The Appeal is not likely to be decided within a short period. The Applicant was on bail during trial and there are no allegations that he has misused that liberty,” the order reads.