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HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MILIND N. JADHAV
Mandip Gyan Singh – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(MILIND N. JADHAV, J.)
1. Heard Mr. Shaikh, learned Advocate for Applicant, Ms. Newton, learned APP for Respondent No. 1 – State and Mr. Kadam, learned Advocate for Respondent No. 2.
2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking Regular Bail in connection with C.R.No. 208 of 2022 registered with N.R.I. Costal Police Station, Navi Mumbai for offences punishable under Sections 363, 376 (2) (j) (n) of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 4,8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’). Applicant is incarcerated for the past 1 year 6 months and 11 days.
3. Gist of prosecution case is that First Informant i.e. father of the prosecutrix lodged a missing complaint on the intervening night of 17.08.2022 and 18.08.2022. Prosecutrix went missing on 17.08.2022, family of the prosecutrix learnt about this when she did not return home on 17.08.2022. Mother of prosecutrix found that cash amount of Rs. 20,000/- from the house kept in the cupboard was missing. Prosecutrix returned back on 01.09.2022. She was dropped by the Applicant outside Panvel Police Station o
The court held that the prosecutrix's voluntary actions and apparent consent, despite her being a minor, are significant in determining bail eligibility.
The court ruled that while consent is immaterial under POCSO, the circumstances of the relationship and lack of coercion are critical in bail considerations.
The court held that the prosecutrix's consent, despite being a minor, and the absence of coercion or violence justified granting bail to the Applicant.
The court emphasized a reformative approach for young offenders, prioritizing rehabilitation over punitive measures, especially in cases involving serious allegations against minors.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation, particularly in cases involving minors.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
The consensual nature of a relationship and the age of the prosecutrix are crucial factors in considering bail applications in cases involving charges under the POCSO Act.
The court emphasized that voluntary relationships and proximity to adulthood can influence bail decisions, reaffirming the necessity of evaluating the risk of evidence tampering and witness intimidat....
The court determined that the relationship between the applicant and the prosecutrix was consensual, which influenced the decision to grant bail despite the prosecutrix being a minor.
The court held that a consensual relationship between a minor and an adult, in the absence of force, may warrant bail, emphasizing the importance of context and the nature of the relationship.
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