The Bombay High Court on Tuesday granted pre-arrest bail to a man accused of forcing a six-year-old child to make a video of himself, while he was in a compromising position with the child’s mother.
A bench of Justice Manish Pitale was hearing the anticipatory bail plea filed by the man, against whom a case was filed in Navi Mumbai under various sections of the Bharatiya Nyay Sanhita (BNS) Act and the Protection of Children from Sexual Offenses (POCSO) Act.
The case came to light earlier this year when the child’s mother filed a lawsuit accusing a man of rape and sexual abuse. The man was arrested. When the police investigated, they discovered about eight obscene videos on his phone, which were shot at the child’s home.
When the police were interrogating, the suspect revealed that the videos were recorded by a child. After this admission, the authorities opened a new case, accusing him of forcing the child to record indecent acts.
Most notably, the Extra Sessions Judge in Panvel refused to grant bail to the suspect before his arrest, seeing that the defendant’s behavior was highly objectionable as it involved the sexual abuse of a child, as he was forced to record obscene videos. it’s still easy. The purpose of the POCSO Act is to protect such a child from sexual abuse, the court further observed.
However, the judge of the High Court, Justice Pitale, said that the suspect was granted bail in the previous case, which was registered after the complaint was filed by the woman, alleging rape. In addition, the defendant had already given his cell phone to the investigating officer, who monitored the court.
The Supreme Court, according to its order, found that there is something relevant in the case raised by the defendant that since he had given his cell phone to the investigating officer in connection with the investigation of the previous fire, there is no reason. for seeking his physical custody.
The bench also observed that the maximum sentence for this case is up to three years.
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