Published on: 8 August, 2022 at 18:50 IST
Gujarat High Court grants Anticipatory Bail to 62 Yrs Old POCSO Accused on grounds of “Improvements” In Minor Prosecutrix’s Version.The Gujarat High Court bench granted anticipatory bail to a 62 year old accused under the POCSO act. Several factors such as improvement in Prosecutrix’s version, subsequent conduct of the accused, were taken into account by the Bench.
The Prosecutrix, aged 17 had travelled from Porbandar to Gandhinagar and gone to the Applicant’s house. The Prosecutrix had no intention to return to her house and neither did the parents take her back. When she was sent to an NGO after 8 days, she alleged that the Applicant had raped her after intoxicating her. He was charged under Sections 363, 366 and 376 IPC and Sections 4, 6 and 8 of the POCSO Act.
The Applicant in his application submits that the Prosecutrix had came to live with him on her own will. Not only this, it was also submitted that parents of prosecutrix was also informed and only after that she was kept for the job as a domestic helper. Also, assurance of completing her educational was given. And hence, the allegations were falsely made.
The High Court initially noted that the Prosecutrix had given varying versions of her leaving the home and that the Applicant had no role to play in Prosecutrix leaving her residence.
Also the Applicant would not had preferred dropping her from Gandhinagar to Porbandar of he would had assaulted her under normal course of human behaviour.
Therefore, along with the above observation, the High Court also took cognizance of the applicant’s age and other ailments of. And it was deemed fit to grant the Applicant anticipatory bail.