Bombay HC Grants Bail To 20-Yr-Old Boy In POSCO Case

THE BOMBAY HIGH COURT RECENTLY GRANTED BAIL TO A 20 YEARS OLD BOY, CHARGED UNDER VARIOUS SECTIONS OF THE IPC AND THE POCSO ACT, WHILE OBSERVING THAT THE PURPOSE OF REHABILITATIVE SENTENCING IS TO REFORM THE OFFENDER AS A LAW ABIDING CITIZEN.

PROVISIONS CHARGED UNDER IPC

• Section 323 - This section provides for punishment for causing voluntary hurt to someone of either imprisonment of up to one year, or fine of up to Rs. 1000, or both.

• Section 377 - This section provides for punishment for voluntarily carnal intercourse against the order of nature with any man, woman or animal, with either with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and fine.

• Section 506 - This section provides for punishment for criminal intimidation of either imprisonment of up to 2 years or fine, or both, and in case of threat of causing grievous hurt, with either imprisonment for life, or with imprisonment up to seven years.

PROVISIONS CHARGED UNDER POCSO

• Section 3(a), 3(c) R/W Section 4 - Section 3(a) & 3(c) specify the meaning of “penetrative sexual assault” while Section 4 provides for punishment for such assault with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and also with fine.

• Section 5(e), 5(m) R/W Section 6 - Section 5(e) & 5(m) specify the meaning of “aggravated penetrative sexual assault” as a penetrative sexual assault committed by a person being on the management or staff of a Government or private hospital, or such assault on a child below twelve years. Section 6 lays punishment for such assault with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine.

THE PRESENT CASE

• Shubham Suresh Thorat v. State of Maharashtra, CRIMINAL BAIL APPLICATION (ST.) NO.3242 OF 2020.

• The applicant/accused is a 20 years old boy charged for committing sexual assault on a 13 years old boy.

• The applicant/accused was arrested after a criminal complaint was lodged by the victim’s parents.

• The applicant/accused was charged under IPC Sections 323, 377and 506, and POCSO Sections 3(a) & 3(c) read with 4, and 5(e) & 5(m) read with 6.

• Thereafter, the applicant/accused filed the present bail application before the Bombay High Court.

BOMBAY HIGH COURT’S RULING

• The Bombay High Court granted bail to the applicant/accused.

• The Court stipulated the condition that the applicant/accused should undergo counselling with a clinical psychologist.

• The Court observed that the purpose of rehabilitative sentencing is to reform the offender as a law abiding citizen.

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