Lawstreet Journal

A girl is not a property which can be given in donation: Bombay High Court

Lawstreet Journal 28 Jan 2022 7:37pm

Image courtesy: Lawstreet Journal Judiciary A girl is not a property which can be given in donation: Bombay High Court

While hearing the bail application of the accused of sexually assaulting the 17-year-old, the Bombay High Court's Aurangabad Bench took significant offence to the conduct of a parent "donating" his daughter to a baba.

The applicants are the accused persons who were arrested for the offences punishable under Sections 376, 376(D), 341, 323 of the Indian Penal Code, as well as Sections 4, 6, and 8 of the POSCO Act 2012, which was lodged with Badnapur Police Station, Dist. Jalna, Maharashtra.


The victim informant, who is stated to be 17 years old girl, states that she is a devotee in Mahadev Temple and resides with her father. She was proceeding on a scooter when she was stopped by both the applicants and dragged near Mosambi garden to outrage her modesty. 


Advocate for petitioner

The applicants, according to the learned counsel, have been falsely accused. It was also stated that the inquiry was completed and that the charge sheet was filed on September 21, 2021. As a result, the applicants do not require any further physical custody. The experienced counsel also claimed that the entire charge sheet lacks any evidence relating to the defendant's birth date, even though she gave her birth date in the FIR. The provisions of the POCSO Act are not prima facie applicable in such circumstances. 

It was also submitted that there were no indications on the girl's body that would suggest that the act was forced, according to medical opinion. As a result, it was requested in court that the applicants… Continue Reading...

Tagged: Bombay High Court  
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