Bombay High Court grants bail to POCSO convict in jail for last 10 years

The Bombay High Court recently suspended the 20-year prison sentence of a man convicted by a trial court under the Protection of Children from Sexual Offences (POCSO) Act for the sexual assault of a 5-year-old girl [Mehtab Aalam Aabid Ali Ansari v. State of Maharashtra & Anr.].Justice RM Joshi passed the order on February 11 while hearing the bail application of a man who has been in jail for the past 10 years.The man was convicted by the trial court in 2016 and his appeal against the same is pending before the High Court.“The applicant has been behind bar from last ten years. Appeal is not likely to be heard in a short period of time. The appellant has no criminal history, is not likely to flee from justice,” the Court noted while allowing the bail plea..The convict, Mehtab Aalam Aabid Ali Ansari, was convicted by the special court on February 3, 2024, for sexual assault and aggravated sexual assault under the POCSO Act and rape under Section 376(2)(i) IPC. He was sentenced to 20 years’ imprisonment. .In his appeal before the High Court, Ansari stated that he had been imprisoned for the last 10 years. His counsel argued that there were enormous inconsistencies in the statements of the minor victim, her sister and the mother, the complainant in the case..It was submitted that while the prosecution's case initially centred on an alleged incident of December 17, 2015, the prosecution had “improved” its case during trial by introducing an additional incident alleged to have taken place on December 23, 2015. .The defence also pointed to discrepancies on material aspects, including whether the lights in the house were switched on or switched off at the time of the alleged assault.The convict claimed the possibility of false implication due to disputes between the parties. .The Court also noted that the medical examination, which took place on the same day as the alleged assault, showed neither any history of assault nor any evidence of being subjected to any sexual assault. “First medical examination of the victim on the day of the incident has ruled out the sexual assault. Thus, the evidence sought to be brought on record by examination of the medical officer, can be seriously challenged at the time of the hearing of the appeal,” the Court noted. .The Court also took note of the inconsistencies in the statements of the prosecution witnesses. “The said inconsistencies are material in nature and cannot be brushed aside by way of branding them as insignificant,” the Court noted. .Hence, it suspended the substantive sentence till a decision is taken on the appeal.The Court directed that Ansari be released on bail on furnishing a personal bond of ₹15,000 with one surety of the same amount..Advocates Shashikant D Chandak and Kanchan S Chandak appointed through legal aid appeared for Ansari. Additional public prosecutor Anagha A Deshmukh appeare for State.Advocates Abhishek Avachat appointed through legal aid and Siddhant H Deshpande appeared for the complainant. [Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.