Author- Sanskriti Sharma, Rajiv Gandhi National University Of Law, Punjab
KEYWORDS:
Bail application, POCSO Act, consensual relationship, minor victim, rehabilitation, legal safeguards, judicial discretion
CASE DETAILS
|
i) Judgement Cause Title / Case Name |
Imran Iqbal Shaikh v. State of Maharashtra |
|
ii) Case Number |
Bail Application No. 997 of 2022 |
|
iii) Judgement Date |
April 26, 2023 |
|
iv) Court |
High Court of Bombay |
|
v) Quorum / Constitution of Bench |
Single Judge Bench |
|
vi) Author / Name of Judges |
Justice Anuja Prabhudessai |
|
vii) Citation |
2023 SCC OnLine Bom 1040 |
|
viii) Legal Provisions Involved |
Section 363, 376 of IPC Section 4 of the POCSO Act Section 439 of CrPC |
INTRODUCTION AND BACKGROUND OF JUDGEMENT
This case highlights an important point concerning the interpretation and enforcement of the POCSO Act when it comes to dealing with relationships with minors. POCSO cases typically rely on stereotypes for their outcomes. The minor alleged that the petitioner forced her into a sexual relationship and abused her. Rather, the petitioner tried to depict it as a mutual relationship. Finally, the Honourable Court granted Cash Bail to the petitioner in this case. This case also posed the difficulty of reconciling the aims and objectives of the POCSO Act. In addition, the reasoning of the decision places importance on the need for judicial discretion in the case where to do so would result in justice, rather than going for a positivist approach.
POCSO Act, 2012
The Protection of Children from Sexual Offenses Act, 2012 attempts to solve the problem of sexual crimes done against children. This Act came into law in the year 2012. Additionally, this Act, first, describes the punishment in detail that corresponds to the sexual crimes committed against minors, second includes measures for trafficking victims, and third enhances the methods for apprehending the criminals.[1]
- Judicial Discretion
Judicial Discretion is also known as Judicial Activism. It is one of the most important powers of the judiciary. This power gives the judge the right to make decisions in some matters without following any fixed rule or established law and go beyond the limitations set down by the legislature. Further, judicial discretion shows the independence of our judicial system.[2]
- Cash Bail
Cash bail refers to the money that the accused pays to the court to be released from pretrial detention. The accused will be expected to appear in court at the appointed time. [3]
FACTS OF THE CASE
Procedural Background of the Case
-
- The victim complained. Following the complaint, an FIR was registered under section 363 and section 376 of the IPC and under section 4 of the POCSO Act, 2012. The FIR was registered at Dindoshi Police Station. Mumbai.
- Further, the case was initially heard by the Honourable Special Court under the POCSO Act and was registered as Special Case No. 148/2021.[4]
- A bail application under Section 439 of the Code of Criminal Procedure was directly moved before the honourable High Court of Bombay by the petitioner while the trial was pending in the Special Court. During the pendency of the case in the honourable Special Court, the petitioner has sought to be released on bail.
Factual Background of the Case
On December 27, 2020, the minor victim left her home without the knowledge of her family. She stayed with a friend for some days, later loitered for some days in her area, and even slept in a rickshaw. During this period, according to her statements, the accused violated her and coerced her into a sexual relationship. He was then 22 years old and claimed that whatever happened was consensual and that he never forced her. Furthermore, during the pendency of the case at the Honourable Special Court, the petitioner moved an application for bail before the Honourable High Court of Bombay, which granted him cash bail sometime later.
LEGAL ISSUES RAISED
- Whether or not the detention under the stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 alalignsith the legislative intent of protecting minors from exploitation.
- Whether or not the petitioner is granted cash bail given the protracted trial process and his young age at the time of the alleged incident.
PETITIONER’S ARGUMENTS
- The counsel on behalf of the petitioner submitted that the relationship between the minor and the petitioner was consensual and the petitioner never forced the minor. Hence, putting the petitioner under detention would not fulfil any purpose.
- The counsel further submitted that the objectives of the POCSO Act were to protect minors from exploitation safeguard their rights and punish consensual relationships. Thus, keeping the petitioner under detention would undermine the objectives of the POCSO Act.
RESPONDENT’S ARGUMENTS
-
- The counsel on behalf minor stated that the case revolves around serious allegations and needs strict application of the POCSO Act.
- The counsel further submitted that releasing the accused on bail could undermine the safety and well-being of the minor. Thus, the accused must not be granted bail in the present case.
RELATED LEGAL PROVISIONS
- Indian Penal Code, 1860
- Code of Criminal Procedure
- Section 439 of CrPC: This provision deals with the ‘Special powers of High Court or Court of Session regarding bail.’[7]
- Protection of Children from Sexual Offences Act, 2012
Section 4 of POCSO Act, 2012: This provision deals with the ‘Punishment for penetrative sexual assault.’[8]
JUDGEMENT
RATIO DECIDENDI
The Honourable High Court of Bombay granted the accused cash bail. Iwasad noted that the POCSO was meant to protect the interests of the minors and also to save them from sexual exploitation. It nowhere mentions punishing consensual relationships amongst young adults. In this respect, the court find it right to grant cash bail in this case, since the detention of the accuser was not going to do any good.
GUIDELINES
The Honourable High Court through this case stressed the exercise of judicial discretion while dealing with sensitive matters, just like this particular case. They noted that while dealing with youth relationships the courts should use judicial discretion instead of applying the law in a positivist manner or as it is. This should be done so that the individuals would not get punished or stigmatised unnecessarily, as the law is there to provide justice and not to punish without any reason.
OBITER DICTA
Bail was granted to the accused in the Bombay High Court as the prolonged incarceration without a trial is detrimental to his rehabilitation and forward journey. The accused was thus given bail because due to the considerable pendency of a trial, a detention for a greater period would hinder his interests.[9]
CONCLUSION & COMMENTS
This case underscores the importance of judicial discretion in sensitive cases. Further, it explores the role of the judiciary in interpreting the law to achieve justice while adhering to the purpose of that law. It is pertinent to note that in certain cases rather than applying the law as it is, the courts must exercise their judicial discretion so that the purpose of that law can be satisfied and simultaneously justice can be provided. Further, by granting cash bail, the honourable High Court of Bombay has set a precedent, that a balance must be maintained between the strict application of the OCSO Act and the rehabilitative prospect of young offenders.[10]
Moreover, the case also explores the importance of a speedy trial to prevent undue hardships for the under-trial prisoners or accused. Above all, the judgment provides a moment of reflection for the judiciary that it must ensure that the legal provisions are applied properly and in most instances in an exemplary manner that even extends to embrace the rights of every single person she or he is an accused or a petitioner. Hence, natural justice and consideration for the sufferings of the petitioner should not lead under any circumstances to the harassment of the accused as the guilt of the accused is not proved.
[1]NATIONAL HUMAN RIGHTS COMMISSION INDIA, https://nhrc.nic.in/sites/default/files/10_PROTECTION%20OF%20CHILDREN%20-%20SEXUAL%20OFFENCES.pdf (last visited Jan. 20, 2025).
[2] Harshita Varshney, All you need to know about discretionary powers of a judge, IPLEADERS (Jan. 20, 2025, 10:32 AM), https://blog.ipleaders.in/need-know-discretionary-powers-judge/.
[3]Will Kenton, What Is a Bail Bond, and Do You Get Bail Money Back?, INVESTOPEDIA (Jan. 20, 2025, 10:52 AM), https://www.investopedia.com/terms/b/bail-bond.asp#:~:text=Bail%20is%20basically%20collateral%20paid,stocks%2C%20bonds%2C%20and%20jewelry.
[4] Id. at 1.
[5] Id. at 1.
[6] Id. at 1.
[7] Id. at 1.
[8] Id. at 1.
[9] Id. at 1.
[10] Id. at 1.
