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The Bombay Top Courtroom just lately granted bail to a 22-year-old guy booked for stalking and sexually assaulting a minor woman from his village in July, 2020. In line with allegations, the accused had stuck grasp of the lady’s hand when she used to be on my own in her circle of relatives owned store and attempted to pressure her into accompanying him to satisfy his oldsters.
The next day to come, he approached her once more and threatened her of dire penalties if she didn’t accompany him.
On Thursday, the court docket prima facie seen that whilst the query of the applicant’s act of preserving the sufferer’s hand amounting to sexual attack of stripling as consistent with the Coverage of Youngsters from Sexual Offences (POCSO) Act is arguable, the truth that he pursued the sufferer subsequent day in spite of a transparent rebuke via her might draw in segment 354D (stalking) of the IPC.
The HC held that the investigation is whole and chargesheet filed within the case. Because the accused has served greater than the minimal sentence beneath segment 354 IPC and segment 8 of POCSO Act, the court docket allowed his unencumber on bail only if he does now not input the village for the following six months.
A single-judge bench of Justice N J Jamadar handed the order on June 29 in a bail utility via the person booked in 2020 on an FIR lodged via the sufferer’s mom.
As consistent with the grievance, the sufferer, who used to be 15 on the time of the incident, had come to her father’s store to permit him to take a lunch smash. On discovering the lady on my own on the store, the accused entered the premises, approached the sufferer and held her hand after threatening her.
When the sufferer became down his calls for to accompany him to satisfy his oldsters, he warned her of dire penalties and threatened her once more day after today, the grievance said. At this, the sufferer were given scared and began crying following which a person who owned the neighbouring store apprised the lady’s mom in regards to the incident. An FIR used to be lodged within the case thereafter.
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Suggest Rekha Musale for the accused stated that even supposing the prosecution case is taken at par, the offence of sexual attack beneath POCSO Act can’t be made out and it can’t be stated that he subjected the sufferer to sexual harassment. Musale added that, “finally applicant can’t be stated to have touched the sufferer’s hand with intent to sexually exploit her”. As well as, the applicant’s attorney argued {that a} 6-day prolong in submitting FIR impaired prosecution’s case.
Justice Jamadar seen, “… Prima facie, the stated act at the a part of the applicant, if regarded as in juxtaposition with the utterances of the applicant which, in a way, spell out the intent of the applicant, renders the applicability of the provisions contained in Segment 8 (sexual attack) of the POCSO Act arguable. The truth that the applicant pursued the sufferer on the second one day, in spite of a transparent rebuke via the sufferer might, then again, convey the behavior of the applicant throughout the dragnet of Segment 354D (stalking) of the Penal Code…
The choose added, “…The applicant seems to have roots in society to bind him all the way down to his place of dwelling. Individually, a route now not to go into the village, for a length of six months, would adequately give protection to the pastime of the sufferer and her oldsters.”
The court docket directed that the applicant be launched on bail on furnishing Rs 25,000 private bond at the side of sureties and directed him to cooperate with the trial court docket complaints.
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