Mumbai: The Bombay High Court has refused bail to a man accused of sodomising a 17-year-old boy, observing that a liberal approach to bail in serious cases under the Protection of Children from Sexual Offences (POCSO) Act undermines the very objective of the statute.
Justice Amit Borkar, while dismissing the bail plea of a man, stressed that the right to liberty, though fundamental, is not absolute and must be balanced against the need to protect victims, especially minors, and uphold public interest.
“This Court observes that while every accused person has a fundamental right to liberty, this right is not absolute and must be balanced against the larger interests of justice, public order, and the protection of victims, particularly when the victims are minors,” the judge said on July 2 order.
The court underscored that the POCSO Act reflects the legislature’s intention to provide “stringent protection to children from sexual offences” and that courts have a “solemn duty” to ensure this object is not diluted by a lenient bail approach.
The judge rejected the defence’s claim that it was implausible for the accused to overpower the teenager without resistance. He noted that sexual offences often involve “psychological coercion, fear, and shock,” which may prevent physical resistance. He added that the secluded location, bushes near Juhu beach, could have allowed the crime without leaving visible marks.
Justice Borkar also noted that the trauma suffered by child victims in such cases is “immense and long-lasting.” He cautioned that if released, the accused might influence or intimidate the victim or witnesses, especially since the trial has not yet commenced.
“Given the nature of the allegations and the fact that the victim is a minor, there exists a reasonable apprehension that if released on bail, the applicant may attempt to influence the victim or other witnesses,” the court observed, adding that the justice system must be sensitive to the plight of minor victims.
On July 31, 2024, the boy went fishing with a friend when was lured by the accused to bushes. Despite hesitation, the victim accompanied the accused, who then forcibly sodomised the boy. The victim and his friend promptly filed an FIR, leading to his arrest and the subsequent filing of a charge sheet.
