Bombay High Court rejects bail in POCSO case involving assault on minor

The Bombay High Court has dismissed the bail application of an accused for sexually assaulting a 17-year-old boy under provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Bharatiya Nyaya Sanhita, 2023. The alleged incident occurred on 31 July 2024 at Aksa Beach, Mumbai.

Justice Amit Borkar, hearing the case, found sufficient prima facie evidence against the accused, including the victim’s consistent statement, prompt lodging of the FIR, and a medical report confirming recent forceful penetration. The Court rejected the defence argument pointing to inconsistencies in the victim’s identification of the accused, stating that such discrepancies are not uncommon in cases involving trauma and shock.

The Court observed that the nature of the offences penetrative sexual assault under Sections 4, 6, and 8 of the POCSO Act warrants heightened judicial scrutiny. It emphasized that the possibility of the accused influencing the minor victim or other witnesses could not be ruled out. It also underscored that the POCSO Act mandates stringent protection for minors and courts must remain sensitive to their vulnerability.

The bail plea was denied on the grounds of the seriousness of the offence, public interest, and potential risk to the integrity of the trial. The Court, however, clarified that the trial court shall independently assess the evidence and that its findings on bail would not influence the outcome of the case.