Bombay HC demands for remedial measures to be taken in a case of sexual assault


Aryan Grover

Justice Bharati Dangre of the Bombay High Court, hearing the bail application of the appellant accused in the sexual assault case of a minor in 2018, expressed shock over the circumstances of the case.

The investigating officer was asked to trace the young girl and take corrective measures for her rehabilitation in a rehabilitation home or a correction home, since it has been brought to the notice of the court that the victim continues to dwell on Platform No.1 of the Andheri Railway station.

The case dates to June 2018, when a passer-by (the complainant) heard the cries of a girl from an auto-rickshaw which was shrouded by a black curtain. Upon inquiry, the passer-by was told that it was the passengers who were responsible for the noise. Not satisfied with the explanation, the complainant pulled the curtains off the auto-rickshaw and saw a man trying to force himself upon a girl. He then demanded for the man to get out of the rickshaw and upon his refusal, forcibly removed the accused from the rickshaw.

The traffic police arrived at the spot in some time, and the accused was apprehended, who is the appellant in this case. The minor girl’s statement revealed that she had known the auto- rickshaw driver for 5 to 6 months and that the accused was the brother of the driver.

It was also brought to the notice of the authorities that she had been given beer to drink and food to eat, and was in a drunken state at the time. A case was made out against the accused under Sections 354, 363, and 376 of the IPC and Sections 8 and 12 of the Protection Of Children from Sexual Offences (POCSO) Act.

At the outset of the case, the court remarked, “Some strange things have surfaced, which surely calls for introspection of all the stakeholders dealing with issues of women, particularly minor girls.”

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