Bombay HC suspends sentences of elderly couple convicted in Pocso case

In a relief to an octogenarian couple sentenced to 10 years of rigorous imprisonment for sexually assaulting a minor in 2013, the Bombay high court (HC) not only suspended their punishment, but also granted them bail after finding inconsistencies in the evidence of the witnesses against the two

In a relief to an octogenarian couple sentenced to 10 years of rigorous imprisonment for sexually assaulting a minor in 2013, the Bombay high court (HC) not only suspended their punishment, but also granted them bail after finding inconsistencies in the evidence of the witnesses against the two.

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A single-judge bench of justice Revati Mohite-Dere, while hearing the interim application in criminal appeal filed by an 87-year-old man and his wife, 81, was informed by advocate Dinesh Tiwari that on March 11 the special Protection of Children from Sexual Offences (Pocso) court had convicted and sentenced the couple for offences punishable under section 6 (aggravated penetrative sexual assault) of the Pocso Act to undergo 10 years rigorous imprisonment.

Tiwari informed the bench that the couple had been falsely implicated in the case and the real motive of the complaint was to take over their house. He added that while the minor’s mother stated that both the applicants had sexually assaulted the girl, the child had stated only the man had touched her appropriately and no allegations were made against his wife.

Tiwari submitted that in light of these facts, the couple had filed an appeal against the conviction and sought suspension of their sentence till their appeal was heard through the interim application.

Additional public prosecutor SV Sonawane for the police and advocate Ameeta Kuttikrishnan, a court-appointed lawyer for the victim, opposed the application.

After hearing submissions, the bench observed that initially first information report (FIR) was lodged for an offence punishable under section 354 (assault or use of criminal force to woman with intent to outrage her modesty), and subsequently provisions of section 376 (rape) was added.

“The applicants, aged 87 and 81 years, were on bail pending trial and have not abused or misused the liberty granted to them. Prima facie, having considered the evidence on record, the applicants have made out a case for suspending their sentence and enlargement on bail,” justice Mohite-Dere said.

HC allowed the application by the couple and suspending their sentence, enlarged them on bail after furnishing personal bond of ₹25,000 each with one or more sureties.