The Bombay High Court has granted bail to a 28-year-old man accused in a Protection of Children From Sexual Offences (POCSO) Act case, citing significant discrepancies in the victim’s testimony and the prolonged delay in the trial.
Justice Milind Jadhav, while granting bail, expressed strong reservations about the prosecution's handling of the matter, highlighting inconsistencies between the initial FIR and the victim’s testimony before the court. In her testimony, the victim denied that the man took her obscene photographs, as alleged by the prosecution.
The man, arrested on May 11, 2021, faced serious charges, including rape, stalking, and criminal intimidation. His advocates, Prashant Pandey and Dinesh Jadhwani, submitted that the applicant has been incarcerated for almost four years.
Opposing the plea, the prosecution urged the court to, instead, expedite the trial, requesting a six-month deadline for completion.
Justice Jadhav, however, found significant discrepancies in the victim’s evidence. “Perusing the said evidence of the prosecutrix which is recorded when prima facie seen, the same is completely contrary to the statement recorded in the FIR,” he noted. The court also pointed out inconsistencies in the dates and details of the alleged incidents, and the victim’s denial of allegations concerning obscene photographs.
The court criticised the prosecution’s handling of the case, stating, “It is unfortunate to say that learned APP has not read the papers and the deposition of the prosecutrix in the present case, otherwise such submissions would not have been made before the Court.”
Granting bail, Justice Jadhav ordered the applicant’s release on a personal bond of Rs25,000. Strict conditions were imposed, including regular reporting to the investigating officer, attendance at all trial hearings, and a prohibition on contacting the victim or entering her residential jurisdiction. The court warned that any violation of these conditions would lead to bail cancellation.
