The Aurangabad bench of the Bombay high court (HC) has refused to grant bail to a 72-year-old man who was booked for sexually assaulting an 11-year-old girl on the grounds that as the trial would take time to commence, the man may threaten and terrorise the minor if he was freed. The court also observed that as the accused is practically the age of her great grandfather, and if the charges against him under the Protection of Children against Sexual Offences (Pocso) Act are proved, and it would amount to a “heinous crime”, the court dismissed the plea.
A division bench of justice RV Ghuge and justice BU Debadwar, while hearing the criminal appeal filed by the accused Harsing Patil from Chalisgaon in Jalgaon district, was informed that the appeal challenged a trial court order that denied him bail.
Advocate AJ Patil for the appellant submitted that his client was 72 years old and would never commit an offence such as raping a minor. Patil submitted that his client had taken a house on rent just eight days prior to the lodging of a first information report (FIR), and it was not possible that he would commit a crime against the minor living in the adjacent house. He further submitted that his client did not have criminal antecedents, and as he was behind bars since his arrest on May 26, he should be released on bail.
Additional public prosecutor PV Diggikar submitted that the FIR was lodged by Jalgaon Police on May 26, and the victim’s statement was recorded, wherein it was stated that the minor’s parents are farm labourers. On May 23, when the parents were not in the house, the appellant made his first attempt to sexually assault her and repeated the same the next day. On May 25, when the man entered the house, the victim realised that he would make a similar attempt and she started screaming and called her aunt. The man got scared and rushed back to his house.
{{/usCountry}}Additional public prosecutor PV Diggikar submitted that the FIR was lodged by Jalgaon Police on May 26, and the victim’s statement was recorded, wherein it was stated that the minor’s parents are farm labourers. On May 23, when the parents were not in the house, the appellant made his first attempt to sexually assault her and repeated the same the next day. On May 25, when the man entered the house, the victim realised that he would make a similar attempt and she started screaming and called her aunt. The man got scared and rushed back to his house.
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