A court in Thane has granted bail to a woman and her brother, who were arrested on serious charges of sexually assaulting the woman's 10-year-old son. The case, which has sent shockwaves through the community, originated from the Lokmanya Nagar area of Thane city in Maharashtra.
The Disturbing Allegations and Case Timeline
The case came to light after the young victim reached out to a child helpline on July 30 of this year. According to the complaint, the boy had allegedly been subjected to sexual assault by his own mother and his maternal uncle since 2021. The boy's father, who is separated from the mother, provided the initial information that led to the registration of the case.
Following a swift investigation, the Thane police arrested the 35-year-old mother and her brother on August 7. They were booked under stringent sections of the Protection of Children from Sexual Offences (POCSO) Act, the Bharatiya Nyaya Sanhita, and the Juvenile Justice (Care and Protection) Act, 2015.
Court's Reasoning for Granting Bail
After the chargesheet was filed, the accused moved the court seeking bail. Their defence counsel argued that the POCSO Act was being misused in this instance. The counsel emphasized that the investigation was complete, the chargesheet had been submitted, and neither accused had any prior criminal record.
Special Judge R U Malvankar, in an order passed on December 10, made several key observations while considering the bail plea. The judge noted that the offence, as presented, was "ex facie not punishable with death or life imprisonment." The court also stated that the accused were not "hardcore criminals," as the investigating agency had not reported any previous criminal antecedents against them.
However, the court acknowledged a layer of complexity. It observed that there were ongoing matrimonial disputes between the boy's mother (accused No. 1) and her husband, with whom the victim is currently residing. "In this background, the possibility of tampering definitely cannot be ruled out," the court remarked.
Stringent Bail Conditions Imposed
Despite the concerns, the court decided to grant bail. "Considering the pros and cons of the application, there is no point in detaining the accused further behind bars as there is no further requirement of any custodial interrogation from them," the order stated. It added that the expressed apprehensions could be addressed by imposing strict conditions.
The court ordered the release of the accused on a personal bond of Rs 30,000 each, with one surety of the same amount. The bail comes with multiple conditions designed to safeguard the judicial process:
- The accused must not attempt to tamper with evidence or influence witnesses.
- They are strictly prohibited from repeating any offence.
- They cannot leave India without obtaining prior permission from the court.
The case highlights the challenging legal balances courts must strike between the gravity of allegations, the rights of the accused, and the protection of the victim, especially when familial discord forms the backdrop of a serious crime under the POCSO Act.
