GUJARAT HIGH COURT GRANTS ANTICIPATORY BAIL TO 62-YEAR-OLD POCSO ACCUSED CITING ‘IMPROVEMENTS’ IN MINOR PROSECUTRIX’S VERSION

The Gujarat High Court in the case Salimbhai Ibrahimbhai Mir v/s State Of Gujarat observed and has granted anticipatory bail to a 62-year-old, accused of sexually assaulting a 17 years old after intoxicating her.

In the present case, the man was booked under Sections 363, 366 and 376 of the Indian Penal Code, 1860 and Sections 4, 6 and 8 of the POCSO Act.

The Court while granting relief, the High Court into account several factors such as improvement in Prosecutrix’s version and subsequent conduct of the accused, etc.

It was stated that as per FIR, the Prosecutrix had willingly travelled from Porbandar to Gandhinagar where she had gone to the Applicant’s house. Thus, the Prosecutrix did not intend to return to her house and neither did the parents take her back. Therefore, she was sent to an NGO where after 8 days. It was alleged by her that the Applicant had offered alcohol to her and later committed rape.

It was submitted by the applicant that the Prosecutrix had travelled out of her own volition and the Applicant, in need of a domestic helper, had taken permission from the parents to employ her and to fulfil her educational needs. Further, it was contested that the nature of allegations did not merit custodial interrogation at this juncture.

The High Court noted that the Prosecutrix had given varying versions of her leaving the home and that the Applicant was not instrumental in the Prosecutrix leaving her residence. It was also noted by the Court that the Applicant taken any advantage of the prosecutrix, then in normal course of human behaviour, the applicant would not have dropped her after traveling such a long distance i.e. from Gandhinagar to Porbandar.

Accordingly, the High Court had also placed emphasis on the age and ailments of the Applicant and deemed it a fit case for granting anticipatory bail.