‘Parents can’t give consent for bail of accused in POCSO cases’Updated: Oct 30, 2019, 23:31 IST
In cases of sexual assault on a minor, even the survivor’s parents do not have the right to give consent for bail of the accused, said a special Protection of Children from Sexual Offences (POCSO) court. The court made the observation last week, while refusing to grant bail to a man accused of repeatedly sexually assaulting a 14-year-old boy.
“If he [the survivor] sticks to his statement of undergoing a traumatic incident, then it would not be acceptable that the mother is giving no objection so the accused should be released. The provisions of POCSO Act are of no use if the minor victims are not protected,” said special judge HC Shende in the order.
According to the case registered with Charkop police, the accused’s wife works as a tailor and the survivor’s mother is one of her customers. The boy would often visit their shop to see the accused’s wife. The prosecution said that the accused got in touch with the boy and started to sexually abuse him. He would also visit the boy when he was home alone, the prosecution said. During the investigation, police found that the accused would send obscene photographs and chats to the boy.
The incident came to light after the boy’s mother saw the chats and confronted the boy. He then told her that the accused had sexually assaulted him multiple times and forced him to share obscene photos of himself. The survivor’s family filed a complaint with the Charkop police in December 2018 and the accused was arrested. The medical report showed that the possibility of sexual assault could not be ruled out.
In September this year, the accused moved a bail plea and claimed that he has never had unnatural sexual relations with the victim. The mother, the complainant in the case, did not object to his bail plea and submitted an affidavit supporting it. The court, however, refused to accept the affidavit filed by the mother and held that the mother’s act indicates tampering of witnesses.