High Court of Bombay Criminal Appellate Jurisdiction considers an application for bail filed by a female accused charged with abetment of rape and offences under the PoCSO Act. The court granted bail citing her gender and her child.
The applicant was released on bail in the sum of Rs.15,000 with one or two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1586 OF 2014
Sou.Puja Prashant Shinde .. Applicant - Versus - The State of Maharashtra .. Respondent
Mr.Anand S. Patil for applicant Mr.Y.M.Nakhwa, APP for State.
CORAM : MRS.MRIDULA BHATKAR, J. DATE : 21 st August 2014.
P.C.
1] The applicant has moved this application for bail. The applicant accused is prosecuted for the offences punishable under sections 375-A, 376(2)(f)(m), 323, 504, 506 read with 34 IPC and under section 3, 4, 5 and 6 of Protection of Children from Sexual Offences Act.
2] The victim is niece of the applicant accused. Her parents were not residing together and divorce proceedings are filed by the parents in the court. So, father of the victim kept her in the house of applicant accused who is paternal aunt of the victim and paternal uncle who is husband of applicant. On 15th July 2013 and thereafter on nearly 11 occasions at night the husband of applicant raped the victim and at that time the applicant accused used to tel her to go and sleep in the bed room where
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uncle was sleeping. The victim further disclosed to applicant that her uncle had raped her. The applicant accused did not believe her. On the contrary, she threatened her that she would disclose this to media as the victim was a lier. The victim thereafter contacted her grand mother and thereafter, her mother gave the FIR against the uncle and the applicant accused and other co-accused.
The learned Counsel for the applicant accused submitted that the applicant accused is a woman, her anticipatory bail was rejected only on the ground that accused No.1 i.e. principal accused No.1 was absconding. However, today he is arrested and he is in prison. He submitted that the applicant accused, as per the case of victim, used to beat her and tell her to go and sleep in the bedroom of the uncle. He submitted that the applicant accused is innocent and she is roped only because of her husband. Moreover the applicant has a child aged four years.
3] Learned Prosecutor opposes this application and submitted that the applicant accused has actively participated in the commission of offence. She abetted in the crime. She used to assault and abuse the victim and therefore she was under pressure of the applicant and therefore the application has to be rejected.
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4] On perusal of the perusal of the FIR and the statement of the victim
and her mother and also considering the submissions made by the Counsel of both sides, the role attributed to applicant accused is of abusing and assaulting the victim. Assuming that the allegations made in the F.I.R. and in the statement of victim are true, however, the role attributed to her at the most is of an abettor. The applicant accused is a woman and therefore bail be granted considering the fact that she has a child aged four years.
5] In the circumstances, the application is allowed in the following
terms and conditions:-
(I) The applicant is released on bail in the sum of Rs.15,000/with one or two sureties in the like amount;
(II) The applicant shall not tamper with evidence and shall not indulge into any criminal activity while on bail;
(III) In the event the applicant changes her residence, she shall communicate the new address to the concerned police station;
(MRS.MRIDULA BHATKAR, J)
2 issues framed by the court
Whether bail should be granted to the female applicant accused who allegedly abetted the commission of offences under the PoCSO Act and IPC.
Whether the applicant’s role as an abettor and her gender warrant the grant of anticipatory bail.
2 provisions across 2 enactments
Sou.Puja Prashant Shinde
The State of Maharashtra
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
