Mumbai: In a relief to an octagenarian couple, convicted for sexually abusing a four-year-old boy, the Bombay High Court recently granted them bail and suspended their 10 years jail sentence for a temporary period, till their appeal is heard finally.
A bench of Justice Revati Mohite-Dere was seized with the plea filed by the couple challenging their conviction by a special court under the POCSO law.
The couple was convicted of sexually abusing their neighbour's son in 2013, while he had visited their house after returning from school.
The couple approached Bombay HC earlier this month challenging the special court order. They also sought that, in the interim, their sentence be suspended and they be released on bail.
The accused couple before Justice Mohite-Dere argued that they are being falsely implicated in the matter as the neighbours want to usurp their flat.
Having considered the arguments and the material on record, the judge noted several inconsistencies in the evidence, especially, the statements of the victim as well as his family members.
"Certain inconsistencies in the evidence have come on record. There are also certain omissions that have come on record in the evidence of prosecution witness 1 (the victim's mother)," the bench noted.
"Prima facie, having considered the evidence on record, the applicants have made out a case for suspending their sentence and enlargement on bail," the judge said.
