The Bombay High Court has rejected the bail application of a 21-year-old for allegedly indulging in unnatural sexual acts with two minor boys.
The accused had challenged the order of the special court rejecting his bail plea in December 2020. Rejecting his plea, Justice Bharati Dangre observed that “prima facie, he does not deserve any sympathy”.
According to the prosecution, the accused was arrested on March 14, 2019, under section 377 (unnatural offences) of the Indian Penal Code and sections 4 (punishment for penetrative sexual assault), 6 (punishment for aggravated penetrative sexual assault), 8 (punishment for sexual assault) and 12 (punishment for sexual harassment) of the Protection of Children from Sexual Offences Act (POCSO Act).
As per the chargesheet, the accused subjected minor boys – aged nine and 11– to unnatural acts three to four times in the last months, which attracts an offence under section 377 of the Indian Penal Code.
His advocate argued that the accused is 21-years-old and has remained incarcerated, even though the medical report does not support the prosecution case. However, the court noted that the minor boys have clearly implicated him.
“…it is apparent that they (the children) have clearly implicated the applicant and, undisputedly, these form the basis for all the charges which will be proved during the trial,” noted the HC.
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