If accused charged under POCSO, SC/ST Act, offences can be tried only by special POCSO court: Bombay HC

Justice Bharti Dangre was hearing a bail plea of ​​a person accused of raping a 15-year-old girl in Pune last November.

The Bombay High Court on Friday granted bail to a 21-year-old man accused of raping a minor girl from a Scheduled Caste community in Pune, in a case where the accused has been booked under both the Protection of Children from Sexual Offenses. (POCSO) Act and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, POCSO will have effect and offenses can be tried and bail plea is decided by the special POCSO court itself.

Further, the court held that if a special POSCO court refuses to grant bail to the accused lodged under both laws, the application under section 439 of the CrPC, which gives HC exclusive right to bail, HC Can be maintained alone in front of. And the accused was not required to file an appeal under the SC / ST Act.

“In a case where the child has been abused, belonging to the Scheduled Castes and Scheduled Tribes, it shall not remove the powers of the special court to try the POCSO Act, a special Act, and offenses in case of any discrepancy. ., Its provisions will have an effect on the provisions of any such law, ”said HC.

Justice Bharti Dangre was hearing a bail plea of ​​a person accused of raping a 15-year-old girl in Pune last November. The applicant argued that he was 21 years old at the time of the incident, was in a friendly relationship with the victim, did not force himself on her and knew that she was from the SC community.

Additional Public Prosecutor SV Gavand, appearing on behalf of the Pune police, opposed the bail plea on the ground that as the accused has been charged under both the Acts, the bail application under Section 439 of the CrPC was not maintainable.

The applicant was required to file an appeal under Section 14A of the SC / ST Act, Gavand argued.

However, Justice Dangre said that the bail petition was upheld. While giving relief to the accused, the court said that the applicant should not tamper with the evidence and make himself available for trial. “Misuse of material in the charge sheet does not attract the provisions of Prima SC / ST Act,” it observed.

Advocate Abhijeet A. Desai, appearing on behalf of the accused, assured the court that the applicant would not enter the city of Pune till the conclusion of the trial and cooperate in the investigation, HC granted him bail on a personal bond of Rs 25,000 and gave a report in a month. Bar Local Police Station.

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