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The Court noted that since the boy was also young at the time of incident, the consenting sexual relationship between him and the minor girl need not be punished under stringent provisions of the POCSO Act as this would defeat its real objective
The Bombay High Court has said the Protection of Children from Sexual Offences Act (POCSO Act), is not meant to punish minors in romantic or consensual relationship and brand them as criminals. While granting bail to a 25-year-old man (22 years at the time of incident) facing a sexual assault case with a minor, the court said that the relationship between the minor girl and the 22 year old man was consensual.
A single judge bench of Justice Anuja Prabhudessai said this is a fit case for bail to the accused, Imran Iqbal Shaikh, who has been in custody since February 17, 2021.
"The trial has not yet commenced and considering the large pendency, the trial is not likely to commence in immediate future. Detaining the applicant further will bring him in association with hardened criminals which will also be detrimental to his interest," the bench said.
The court also noted the statement of the first informant prima facie indicated that the relationship was consensual.
"It needs to be noted that the POCSO Act has been enacted to protect children from offences of sexual assault, sexual harassment etc, and contains stringent penal provisions as to safe guard the interest and the well being of the children. The object is certainly not to punish minors in romantic or consensual relationship and brand them as criminals," the bench said.
An FIR was registered with Dindoshi Police Station, Mumbai for offences punishable under Sections 363, 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 on a complaint by the mother of the victim.
According to the FIR, the victim had left the house on December 27, 2020 and had not returned. Her mother suspected that some persons were involved in kidnapping the victim.
After she was traced, she recorded a statement disclosing that she had left the house on December 27, 2020 and stayed with her friend for two to three days.
Since she had left the house without informing her parents, she was scared to return home. She did not return home and she claims that during day time she roamed around the place near her house and she slept in a rickshaw at night.
On December 29, 2020, while she was sleeping in a rickshaw, the accused called her to the terrace of SRA building near Kodarmal Masjid and had forcible sexual relationship with her. She claimed that on January 07, 2021, he once again had sexual relationship with her, it was alleged.
While noting that the victim is a child within the meaning of Section 2(d) of the POCSO Act, the bench said, the applicant was also a young boy of 22 years of age at the time of the incident.
The court ordered release of the applicant with several conditions including that he would not interfere with the complainant and the other witnesses and not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner.
Case Title: Imran Iqbal Shaikh Vs. State of Maharashtra Statute: POCSO Act, 2012
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