Bombay HC grants bail to minor accused of pulling a minor girl towards himself

Mumbai: The Bombay High Court has granted bail to a youth accused of pulling his friend’s minor girlfriend towards him, observing that prime facie “the offence would not fall within the purview of sexual harassment”.

Justice Bharti Dangre granted bail to a 22-year-old who was booked under various sections of the Protection of Children Against Sexual Offences (POCSO) Act , Indian Penal Code (IPC) and Information Technology (IT) Act against personal bond of Rs 25,000.

Hadapsar police station in Pune had arrested three friends following a complaint by the minor’s mother.

The minor had a friendship with a youth. According to her, he called her to meet on September 15, 2021. When she refused, he threatened to die by suicide and hence she went to meet him. When she went, she was surprised to see two of his friends, with whom she was acquainted. After a while, the youth and another friend went for some work and the applicant accused pulled her towards him. She immediately pushed him back.

The next morning, she received an objectionable video from the applicant. Her mother saw the video and confronted her, when she told her about the incident. Her mother then lodged a complaint.

The police arrested all the three accused on September 22, 2021.

After going through the panchnama, the court noted that prima-facie- no connection was established between the Applicant and the girl “with regard to objectionable video forwarded to her”.

The court noted that it was for the prosecution to establish that the act would fall within the purview of “sexual assault” as defined under Section 7 of POCSO and “it is very necessary for the prosecution to establish that the touch is with sexual intent”.

The minor’s allegation that the applicant puller her towards him but she immediately pushed him away, “Prima facie it cannot be said that the offence would fall within the purview of sexual harassment”, added justice Dangre.

The court also said that, if convicted, the applicant would receive a maximum punishment of five years and fine.

“In the wake of aforesaid accusations, specifically when the applicant is a young boy aged 22 years and with future staring at him , I do not deem it appropriate to keep him incarcerated further, though he may face trial and take consequences of the charges levelled against him,” it observed while releasing applicant in bail.