THE BOMBAY HC GRANTED BAIL TO AN ELDERLY COUPLE CONVICTED UNDER POCSO

14th March 2021

The Bombay HC granted bail to an elderly couple convicted under POCSO, sentenced to 10 years rigorous imprisonment for allegedly sexually assaulting a four-year-old child (neighbour) in 2013 by the Special Court for POCSO.

ARGUMENTS

Learned Counsel for the applicants submits that the allegations against the applicants, aged 87 and 81 years, are false and baseless. He submits that there are several inconsistencies in the evidence of witnesses. He submits that the mother of the prosecutrix had initially stated that applicant No.1 had inserted his finger in the private part of the prosecutrix; however, subsequently has stated that applicant No.2 also did the same act. He submits that the prosecutrix has only stated that applicant No.1 touched her inappropriately on her private part and made no allegation against applicant No.2 of inappropriate touching.

According to the learned counsel, the reason for falsely implicating the applicants was for taking over the house of the applicants in which they are staying. Learned Counsel further submitted that considering the age of the applicants and the fact that the applicants were on bail and also having regard to the evidence that has come on record, the applicants' sentence be suspended, and they be enlarged on bail.

DECISION

Justice REVATI MOHITE DERE suspended the applicants' sentence after observing inconsistencies in the evidence of witnesses and omissions that have come on record in the evidence of the prosecution witnesses.

Author: Papiha Ghoshal