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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
ARUN R. PEDNEKER
Shubham Dilip Awasarmal – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. introduction of the case proceedings. (Para 1) |
| 2. description of the bail application context and charges. (Para 2) |
| 3. statements about victim's willfulness and arguments referenced. (Para 3 , 5 , 9) |
| 4. arguments on victim's consent and age. (Para 4 , 10) |
| 5. court discusses the nuances of consent relating to minors. (Para 6 , 8) |
| 6. judicial discretion in granting bail considered against pocso act. (Para 11) |
| 7. pocso legal framework on minors. (Para 12 , 18) |
| 8. final decision to grant bail subject to specified conditions. (Para 15) |
| 9. court's order and conditions for bail. (Para 16 , 20) |
| 10. principles surrounding bail considerations. (Para 17 , 19) |
ORDER :
ARUN R. PEDNEKER, J.
1. Heard the learned counsel for the applicant, the learned APP for the respondent-State, Ms. M.S. Hange, learned advocate appointed for respondent No. 2 and Mr. A.R. Joshi, who has assisted this Court as amicus curiae in this case.
2. The applicant is seeking bail as he is arrested in connection with Crime No. 220/2024 dated 8.6.2024 registered with Shillegaon Police Station, District Aurangabad for the offences punishable under sections 376, 376(2) (N), 376(3), 366-A, 363, 109 of INDIAN PENAL CODE (‘I
The age of consent is irrelevant in bail decisions under the POCSO Act; factors such as the nature of the offence and the accused's behavior must guide discretion.
A minor's consent is not valid for sexual intercourse, and the age of consent for sexual intercourse is definitively 18 years.
The Supreme Court clarified that age determination in POCSO cases must follow statutory provisions strictly, and bail courts cannot exceed their jurisdiction to conduct mini-trials on age credibility....
Point of law : It is a well-settled principle of law that while dealing with an application for grant of bail, it is the duty of the Court to take into consideration certain factors and they basicall....
The main legal point established in the judgment is that the grant of bail must be based on relevant considerations, and the heinous nature of the offence, statutory presumptions under the POCSO Act,....
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
Kidnapping and rape of girl child – Children are deemed to be incapable of consent and consent is no defence to offences punishable under POCSO Act.
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