Tuesday, Apr 23, 2024 | Last Update : 02:51 PM IST
Bombay High Court gives interim protection to 3 in sexual assault case
The minors were allegedly threatened to not disclose anything related to crime to the police.
Mumbai: The three accused who had allegedly threatened minor victims of a sexual assault case were been given interim protection from arrest by the Bombay high court.
The minors were allegedly threatened to not disclose anything related to crime to the police. The court has also asked the state government to file a reply on the Anticipatory Bail Application (ABA).
A vacation bench of the Bombay high court comprising Justice V.L. Achaliya was hearing an ABA filed by Ankit Jain, Suresh Jain and Meena Jain.
The court relied on the Supreme Court judgement and accepted the application and gave interim protection from arrest to the three accused till May 23.
According to the prosecution, two minor children were sexually assaulted by two caretakers of the children’s hostel belonging to the Jain Mandir at Palghar.
The two accused, Mayank Jain and Anil Jain, were arrested by the police but the Jain Mandir management committee members, namely Ankit Jain, Suresh Jain and his wife Meena Jain, had threatened the two minor victims not to disclose anything to the police in order to save the reputation of their trust.
After receiving complaints from parents of the children, the Talasari police station of Palghar had registered an FIR against the three under Section 4,8,9(f) and 12 of Prevention of Children from Sexual Offences Act (PCSO) and Section 506 of the Indian Penal Code (IPC).
The applicant argued that the FIR discloses no offence under POCSO against them. The only allegation made against the applicants is that they are members of the management committee and they threatened to cause the complainant bodily harm.
The prosecution has opposed the ABA saying the accused came directly to the High Court without approaching the Palghar session’s court and requested the court to refuse the ABA.
The accused’s lawyer cited the Supreme Court judgement, which says the HC can entertain ABA in such sensitive cases where news is constantly appearing in the print and electronic media.
