Bombay High Court Grants Bail to POCSO Accused, Citing Minor's Awareness of Actions

In a significant ruling, the Bombay High Court granted bail to a 24-year-old man accused under the Protection of Children from Sexual Offences (POCSO) Act for allegedly raping a 14-year-old girl. Justice Milind Jadhav, presiding over the case, emphasized that the victim possessed sufficient knowledge and capacity to comprehend her actions, as evidenced by her voluntary decision to stay with the accused for four days.

The court's 10-page order highlighted the victim's statements, wherein she acknowledged a consensual relationship with the accused and affirmed her awareness of the implications of her actions. She detailed that she willingly stayed with the applicant for more than three days and nights. Justice Jadhav noted that while the POCSO Act enforces stringent penalties for offenses under Sections 4, 6, and 8, this stringency should not impede the court's discretion in granting bail when justice so requires.

The court observed that the victim left her home without informing her parents and chose to stay with the applicant, indicating her capacity to understand the full import of her decisions. Although the POCSO Act classifies her as a minor, the circumstances suggested she acted with awareness and volition.

Justice Jadhav referenced multiple precedents from the Supreme Court and other courts advocating for the release of young offenders on bail during trial. This approach aims to shield them from the potentially harmful influences of prolonged incarceration and aligns with the principle of prioritizing the best interests of the individual, considering the specific context of each case.

The court also took into account the non-violent nature of the alleged act and the absence of any prior criminal record for the accused. These factors, combined with the fact that the accused had already spent over five years in custody since his arrest in 2019 at the age of 19, contributed to the decision to grant bail.

This ruling underscores the judiciary's nuanced approach in cases involving minors under the POCSO Act, balancing the need for stringent protection of children with a careful assessment of individual circumstances and the overarching principles of justice.