Shubham Dilip Awasarmal, arrested for serious charges under the Indian Penal Code (IPC) and Protection of Children from Sexual Offences (POCSO) Act, has been granted bail by the Bombay High Court. The case involved accusations of kidnapping and sexual assault of a minor.
Shubham Awasarmal was arrested in connection with Crime No. 220/2024, filed on June 8, 2024, at Shillegaon Police Station, Aurangabad. The charges included kidnapping and various offenses under the IPC and POCSO Act, following a complaint by the victim's father.
"The victim, aged 14 years, was allegedly kidnapped and subjected to forceful sexual intercourse."
The request for bail was initially turned down by the trial court. However, after the investigation report was filed, Shubham asked for bail again. His lawyer argued that the victim willingly went with Shubham because they were in a romantic relationship, and that he had no previous criminal record.
Justice Arun R. Pedneker, while thinking about the bail, noted the Supreme Court's advice on similar cases. The age of consent under the POCSO Act is strict, meaning any minor's consent doesn't matter.
"The age of the minor is an irrelevant factor under the POCSO Act, and consent cannot dilute the offence."
Despite the serious nature of the charges, the court granted bail, considering the investigation was complete, Shubham had no previous offenses, and the victim's consent to bail. Shubham must follow strict rules, including not contacting the victim or witnesses.
The court emphasized that this decision was specific to the bail request and does not affect the ongoing trial. The help of Mr. Amol Ram Joshi, a court-appointed assistant, was acknowledged for his contribution to the proceedings.
