Last week, the Bombay High Court said that sexual assault charges cannot be slapped under the Protection of Children from Sexual Offences (POCSO) Act, 2012 unless the intention of committing the sexual offence is proven.
The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
The court made this observation while granting anticipatory bail to a Pune resident who was accused of tearing a minor’s clothes and touching her improperly while physically assaulting her.
Justice Bharati Dangre granted the bail. While granting bail she said that the first information report filed against the accused on October 20 2020 did not indicate he committed the acts with sexual intent.
The complainant in the case said that the accused and her family had a dispute over a shop and they have even exchange's legal notices for the same.The accused allegedly entered the home forcefully with her wife and two others and started assaulting her parents.
It was also said by the complainant that the accused not only assaulted her but also her younger 17 year old sister and ripped off their clothes. Moreover she alleged that the accused touch their body inappropriately.
“Prima facie, the offence under Section 7 and the punishment under Section 8 of the POCSO Act, 2012 would not be attracted unless and until the sexual intent is specifically proven,” said Dangre.
Dangre further added that this is a matter of trial since the FIR does not make out any sexual intent.
Dangre said prima facie in absence of the sexual intent and considering earlier dispute of two parties, the accused is entitled to protection in anticipation of his arrest. In case of arrest he has been ordered to be released on furnishing a personal bond worth Rs 25,000 and one or two sureties of the same amount.
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