Bombay High Court grants man bail for sexual abuse of teenagers

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Summary

The Bombay High Court has granted bail to a man accused of touching the private parts of three minor boys. It was suspected that they were thieves.

A single-judge bench of the Supreme Court comprising Justice Anil Kilor was hearing a petition filed by the man, who was accused of unnatural offences under the IPC and POCSO.

The man was accused of inserting his fingers into the anus of three underage boys and applying balm there. He was also arrested for filming the incident.

The mother of one of the boys filed the complaint after some people saw a video in which underage boys were attacked and abused.

Advocate Sana Khan, representing the plaintiff, argued that there was no sexual intent and for the same reasons, the POCSO Act was not applicable. She added that the plaintiff has been in jail since 2021.

The other public prosecutor opposed the application on the grounds that the investigating officer had sufficient material against the complainant.

However, the court granted bail, finding that prima facie there was no evidence to indicate sexual intent.

“After perusing the FIR and the allegations made therein against the applicant, coupled with the material collected during the investigation, prima facie there is no record to show that there was any sexual intent. This case is one of physical and mental torture inflicted on the minor victims while the applicant and other co-accused considered them as thieves,” the court observed.

Case Title: Kapil Suresh Taak v. State of Maharashtra