High Court of Judicature at Bombay emphasized the reformative theory of punishment while granting bail to the accused involved in serious offences under IPC and POCSO Act.

Bail granted on furnishing a bond of Rs.25,000/- with conditions, including: Monthly reporting to the police station for six months. Prohibition from leaving the state without court permission. No contact with the prosecutrix until trial conclusion.

Acts and Sections Discussed:

• Code of Criminal Procedure, 1973 (CrPC) – Section 439

• Indian Penal Code, 1860 (IPC) – Sections 363, 376(2)(f)(j)(n), 376(3)

• Protection of Children from Sexual Offences Act, 2012 (POCSO) – Sections 4, 6, 8

Subjects:

Bail Application – Reformative Theory – Incarceration – Discrepancies in Statements – Vulnerability – Young Age – Consensual Intercourse – Delay in FIR

Nature of Litigation: Application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Relief Sought: Applicant sought release on bail after being incarcerated since August 15, 2023.

Reason for Filing the Case: Allegations of sexual offences under IPC and POCSO Act by the prosecutrix, a minor and cousin sister of the accused.

What Had Already Been Decided: The accused remained in judicial custody since arrest; the charge sheet was filed.

Issues: Whether the accused, given his young age and the discrepancies in the prosecutrix’s statements, should be granted bail pending trial.

Submissions/Arguments: a) Applicant’s Counsel:

• Highlighted the silence of the prosecutrix for nearly four months post-incidents.

• Stressed the accused’s young age (20 years) and his potential for reform.

• Emphasized the delay in the FIR and discrepancies in prosecutrix’s statements.

b) Prosecution:

• Argued the gravity of the offence and the heinous nature of the act.

• Stressed the vulnerability of the prosecutrix and the accused’s potential to tamper with evidence.

c) Prosecutrix’s Counsel:

• Produced an affidavit from the prosecutrix expressing no objection to granting bail.

Ratio:

• Emphasized the need for a reformative approach in cases involving young offenders.

• Observed that prolonged incarceration could push the accused toward criminality.

• Considered the accused’s young age and possibility of reform through familial and community support.