Elderly couple convicted in POCSO Act case gets bail from Bombay High Court
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The High Court directed the couple to deposit money bonds of rupees 25,000 every to safe bail.
The Bombay High Court has granted bail to an octogenarian couple sentenced by a particular court docket final month to 10 years in jail for sexually assaulting their 4-year previous neighbour.
A single Bench presided over by Justice Revati Mohite-Dere granted bail to the couple final week after holding that there have been “several inconsistencies” in the proof on file.
In March this 12 months, a particular court docket in town discovered Ashwin, 87, and Vimlaben Parikh, 81, responsible of costs below the Protection of Children from Sexual Offences (POCSO) Act in a case pertaining to 2013 and had sentenced them to 10 years imprisonment.
The couple approached Bombay High Court earlier this month difficult the particular court docket order. They additionally sought that, in the interim, their sentence be suspended and so they be launched on bail.
As per the HC order handed on April 8, the detailed copy of which was made accessible now, the sufferer had visited the couple’s home in September 2013 whereas on his approach again house from college, and so they sexually assaulted him.
The sufferer’s mom approached the police the identical night and a case was registered. However, the couple’s lawyer Dinesh Tiwari advised HC that the fees in opposition to his shoppers have been false and that that they had been wrongly convicted.
Mr. Tiwari stated the couple had been falsely accused by the sufferer’s household in a bid to usurp their home.
He additional stated whereas the sufferer’s mom initially said that Ashwin and Vimlaben sexually assaulted the sufferer, she later testified in court docket saying solely Ashwin had touched the sufferer inappropriately.
The State’s counsel, S.V. Sonawane, opposed the couple’s plea. The High Court, nevertheless, stated there existed a number of inconsistencies and materials omissions in the proof on file.
It additionally famous the couple had been out on bail whereas their case was pending earlier than the particular court docket, and that that they had not misused the freedom granted to them.
“Certain inconsistencies in the evidence have come on record. There are also certain omissions that have come on record in the evidence of prosecution witness 1 (the victim’s mother),” the HC stated.
“Prima facie, having considered the evidence on record, the applicants have made out a case for suspending their sentence and enlargement on bail,” it stated.
The High Court directed the couple to deposit money bonds of rupees 25,000 every to safe bail.
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