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Gujarat High Court Grants Anticipatory Bail To 62 Yrs Old POCSO Accused Citing "Improvements" In Minor Prosecutrix's Version
PRIYANKA PREET
8 Aug 2022 5:00 AM GMT
The Gujarat High Court has granted anticipatory bail to a 62-year-old, accused of sexuall assaulting a 17 years old after intoxicating her.The man was booked under Sections 363, 366 and 376 IPC and Sections 4, 6 and 8 of the POCSO Act. While granting relief, the High Court took into account several factors such as improvement in Prosecutrix's version, subsequent conduct of the accused,...
The Gujarat High Court has granted anticipatory bail to a 62-year-old, accused of sexuall assaulting a 17 years old after intoxicating her.
The man was booked under Sections 363, 366 and 376 IPC and Sections 4, 6 and 8 of the POCSO Act.
While granting relief, the High Court took into account several factors such as improvement in Prosecutrix's version, subsequent conduct of the accused, etc.
As per FIR, the Prosecutrix had willingly travelled from Porbandar to Gandhinagar where she had gone to the Applicant's house. The Prosecutrix did not intend to return to her house and neither did the parents take her back. Accordingly, she was sent to an NGO where after 8 days, she alleged that the Applicant had offered alcohol to her and later committed rape.
The Applicant submitted that the Prosecutrix had travelled out of her own volition and the Applicant, in need of a domestic helper, had taken permission from the parents to employ her and fulfil her educational needs. It was contested that the nature of allegations did not merit custodial interrogation at this juncture.
At the outset, the High Court noted that the Prosecutrix had given varying versions of her leaving the home and that the Applicant was not instrumental in the Prosecutrix leaving her residence. It also noted that had the Applicant taken any advantage of the prosecutrix, then in normal course of human behavior, the applicant would not have dropped her after traveling such a long distance i.e. from Gandhinagar to Porbandar.
The High Court had also placed emphasis on the age and ailments of the Applicant and deemed it a fit case for granting anticipatory bail.
Case No.: R/CR.MA/8878/2022
Case Title: SALIMBHAI IBRAHIMBHAI MIR v/s STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 316
