20-year-old accused of sexually assaulting minor gets bail: Deserve second chance

Granting bail, the Bombay High Court observed that when it comes to young offenders, rehabilitation should be explored as the primary option before sending them to jail.  ( News Agency)- The Bombay High Court has granted bail to a 20-year-old accused charged under the Protection of Children from Sexual Offences (Posco) Act, stressing the need for a reformative approach. The court observed that given the accused's young age, there is a possibility that he will feel remorse and repent in retrospect."This is a chance required to be taken by the court because punishment should aim for reformation rather than being punitive in nature," Justice Milind Jadhav said.The accused was charged with sexual assault based on a complaint filed by his 14-year-old cousin.The victim, an orphan staying with her uncle, said that she was sexually assaulted on three separate occasions. She had remained silent throughout her ordeal for five months before breaking her silence and filing the complaint."The prosecutrix's silence from April 2023 to August 2023, despite attending school and tuition regularly, is somewhat deafening," the judge remarked.The court also highlighted several loopholes and contradictions in the victim’s statements recorded by the police and medical counsellor.At first, the victim stated that the mother of the accused was in the house at the time of the incident. However, later on she claimed that there was no one present in the house. "These omissions are crucial," the judge observed.After remaining silent for several months, the victim finally revealed to her friend about her pregnant condition, according to the victim's complaint.She told police that she kept quiet out of fear as she was dependent on the parents of the accused.
However, a year after the accused’s arrest, the victim submitted an affidavit asking for the accused's unconditional bail while maintaining that she was acting voluntarily and not without coercion.
Opposing the bail plea, the prosecution called the crime "heinous" while arguing that the accused had "taken advantage of the vulnerability of his sister". The prosecution further argued that granting bail to the accused would set a wrong example and erode people's trust in the judicial system.
Despite the compelling arguments presented by the prosecutor, the bench, taking into consideration the accused's young age, observed, "If the accused remains in prison, he might lose faith in the system and society at large, possibly leading him toward criminality or wasting his life. Studies show that incarceration exposes young individuals to abuse, and courts should adopt a reformative approach wherever possible".