GROUNDS TO SEEK BAIL IN FALSE CASES UNDER POCSO
Recently on 24th of July, 2019 Rajya Sabha passed the Protection of Children from Sexual Offences Bill, 2019. This bill provides more stringent punishment to the offenders such as death penalty. By introducing this amendment bill our legislatures shows their serious concern towards the society where children have to be the victim of that heinous crime, rape and suffers from the brutality which scares demon also if there. Where everyone with government is concerned and taking various measures to eliminate this crime on their level and make justice to meet ends , some people used this law as a weapon to frustrate their anger, to take revenge and for extortion. They people falsely implicate the innocent one and makes them suffer from that mental agony and many other consequence s as one is living in to the strictness of this law. hell due Due to their conduct not only, that innocent person has to suffer many other people have to suffer such as family of the aggrieved and the real victims for whom this act is enacted.
There are motive many NGO's working for the welfare of children without any profit just as contribution towards humanity whereas there are these people who are trying to change the very purpose of the act. The strictness imposed by the legislature in the act is necessary to safeguard the children from the evils who forget humanity in the greed of their POCSO, courts are paying lust. Therefore, granting bail in the cases of special attention and have to aspect in the light of circumstances an scrutinize each and every evidences brought before the court. Punishing the offender and safeguarding the fundamental principle of our criminal law i.e. Let hundred accused be escaped but one innocent can't be punished is the first duty of a court. This civilized society needs 'court of Justice instead of court of Law'.
There were many judgements where court grants bail to the accused charged under POCSO, some of them are the following:
1.Dilshad @Moni & Ors. Vs. State, Delhi High Court November 2018 Offence under section 12 of POCSO is not made out as there are no allegations that the alleged conduct of the petitioners was with any sexual intent so as to satisfy the requirements of section 11 POCSO.
2. Sahab Singh Vs. State, Delhi High Court, February 2015 Complainant and her daughter were habitual offenders as many FIR's were brought before the Court. In the light of the circumstances and evidence, the Hon'ble court granted bail to the petitioners.
3. Sohan Kumar @Sonu Vs. State, Delhi High Court July 2018 Hon'ble Court granted bail while considering the circumstances of the case that there were calls made by the complainant petitioner, lasting in one instance for 1105 seconds. to the phone of the 4.Sikandar Abulhasan Vs. State of Gujarat, High Court of Gujarat, 2019 Hon'ble Court grant prosecutrix, ed bail while considering the fact and statement of the that the case is an usual case of boy and girl having affair and then, they eloped.