Mumbai: Emphasising the importance of reformative justice over punitive detention, especially in cases involving young offenders, a special Protection of Children from Sexual Offences (Pocso) Act court has granted bail to two youths accused of sexually assaulting a 14-year-old boy in 2023.
The court, while acknowledging the seriousness of the allegations, underscored the necessity of considering the age of the two accused and potential for reform. “If a chance is given to the applicants because of their young age by enlarging them on bail, there is a possibility that they will be remorseful and repent in retrospect,” judge Milind Jadhav said. “Punishment has to be believed to be inflicted for a reformative result rather than being punitive in nature.” The court clarified that the decision to grant bail does not amount to approval or validation of the alleged actions of the accused.
According to the prosecution, on May 2, 2023, a 20-year-old, an 18-year-old and two minors allegedly sexually assaulted a teenager and recorded the act. The four accused were apprehended after the 14-year-old filed a complaint five days later. The two underage co-accused were previously granted bail by the Juvenile Justice Board.
During the bail hearing, advocate Tripti Shetty, for one of the accused, said: “…the medical evidence does not corroborate the FIR allegations…Such long incarceration of young offenders can have an immense negative effect on their minds.” — S Ahmed Ali