Recently, while granting bail to a 23-year-old man who was booked on charges of raping a minor, the single bench headed by Justice Anuja Prabhudessai of the Bombay High Court held that 'POCSO Act has been enacted to protect children from offences of sexual assault, sexual harassment etc., and contains stringent penal provisions as to safeguard the interest and the well being of the children. The object is certainly not to punish minors in romantic or consensual relationships and brand them as criminals.
Court noted the statement of the victim's mother in which she admitted that the relationship between her daughter and the applicant accused was a consensual one.
However, her mother filed a kidnapping and rape case against the applicant, after which he was arrested in February 2021 and has been in jail since then.
While ordering the release of the applicant on bail, the Court said,
"The Applicant is in custody since February 17, 2021. The trial has not yet commenced and considering the large pendency, the trial is not likely to commence in the immediate future. Detaining him further will bring him into association with hardened criminals which will also be detrimental to his interest."
Advocates Sunny Aaron Waskar, Harshada Morey and Shamish Marwadi appeared for the applicant.
Additional Public Prosecutor SV Gavand represented the State.
Advocate Veerdhawal Deshmukh was appointed by the Court to represent the victim.
Case Title - Imran Iqbal Shaikh v. State of Maharashtra
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