POCSO Act Not Meant To Punish Minors In Romantic Relationships: Bombay High Court

The Protection of Children of From Sexual Offences Act (POCSO) was enacted to protect minors from sexual assault, not to punish minors in romantic or consensual relationship and brand them as criminals, the Bombay High Court said.

Justice Anuja Prabhudessai observed thus and granted bail to a 22-year-old accused of kidnapping and rape of a minor under sections 363, 376 of the IPC and section 4 of the POCSO Act.

“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 court noted that while it may be true the teen was a child as defined 2(d) of the POCSO Act, accused was also a young boy of 22 years of age at the time of the incident. The victim girl’s mother’s statement indicated the relationship was consensual, it noted.

“The Applicant is in custody since 17/02/2021. 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 FIR was registered against unknown persons by the mother of the victim on December 2020 as her daughter hadn’t returned home. Subsequently, the victim was traced. Her statement revealed that she had left the house on December 27, 2020, stayed with her friend for two to three days. Since she left home without informing her parents, she was apparently scared to return home. And while she was sleeping one of the nights, the accused asked her to come to terrace of an SRA building and had forcible intercourse with her, it was alleged.

The court noted that the accused was in custody for over a year. Also considering the large pendency of cases, granted him bail on the following conditions.

1. Released on cash bail of Rs.30,000/- for a period of four weeks within which he must furnish PR bonds in the sum of Rs.30,000/- with one or two solvent sureties in the like amount.
2. Report to Dindoshi Police Station, Mumbai once in two months on the 1st Monday of the month between 11.00 a.m. to 02.00 p.m. until further orders
3. Not interfere with the complainant and the other witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant.
4. Keep the Trial Court informed of his current address and mobile contact number

Appearances - Advocates Sunny Aaron Waskar, Harshada Morey and Shamish Marwadi for the Applicant.

APP S.V. Gavand for the State.

Advocate Veerdhawal Deshmukh, appointed by Court for complainant

Case Title: Imran Iqbal Shaikh v. State of Maharashtra and anr

Click Here To Read/Download Order