On September 28, 2020, Vandana Kale allegedly gave her seven-year-old niece ₹50 to buy chicken and liver. However, upon returning home, the child revealed that she had spent ₹10 on chocolates, reportedly angering Kale.

According to the prosecution, Kale then restrained the child by tying her hands and legs, gagged her with a handkerchief, and inflicted burn injuries on her thighs and private parts using a hot spoon.

The child’s paternal aunt, who became her guardian after her mother’s death, filed a police complaint after a neighbor reported that the child was unable to walk due to severe injuries.

Kale was charged under the Indian Penal Code, the Protection of Children from Sexual Offences (POCSO) Act, and the Juvenile Justice Act. However, the investigation primarily relied on circumstantial evidence, as there were no direct eyewitnesses.

Arrested in October 2020, Kale remained in judicial custody. Her initial bail application was rejected by the Special POCSO Judge in Dindoshi, Mumbai, leading her to appeal before the Bombay High Court.

Her lawyer argued that she had been in custody for over three years without significant progress in the trial. He also highlighted her role as the sole caretaker of her four minor children, including a daughter who was in jail with her.

The prosecution opposed the bail, citing medical evidence of the child’s injuries and concerns that Kale might threaten the victim or witnesses.

Considering her prolonged incarceration, the completion of the investigation and charge sheet, and her lack of prior criminal records, the High Court granted her bail. The Court also took into account the fact that she was in jail with her young daughter.

Advocate Shriganesh Sawalkar represented Kale.

Additional Public Prosecutor Poonam P. Bhosale appeared for the State.

Advocate Yugandhara Khanwilkar represented the complainant.