Bombay HC Rejects Habeas Corpus Plea Of POCSO Accused, Cites Grave Offence And Strong Evidence

Mumbai: The Bombay High Court has dismissed a habeas corpus petition filed by a POCSO accused, observing that the “offence is undoubtedly grave” and there is “strong material” against him. The man, arrested in 2022, had alleged that his detention was illegal as he was not informed of the grounds of arrest.

Court Notes Gravity of Offence

A division of Justices Sarang Kotwal and Shyam Chandak, on October 7, noted that the petitioner, accused of sexually exploiting two minor girls aged 14 and 11, failed to show any prejudice arising from the alleged procedural lapse.

“No such prejudice is shown by the petitioner. The offence is quite grave, and there is strong material against him which cannot be overlooked,” the court said while rejecting the plea.

Case Background and Investigation

According to the prosecution, the case came to light when a social worker attached to Byculla Jail informed an NGO that the daughters of a woman inmate had been sexually abused by a man they were staying with while their mother was in prison.

Following this, the Child Welfare Committee intervened, and a First Information Report (FIR) was registered at Meghwadi Police Station in July 2022.

Evidence Against the Accused

Investigations revealed that the accused and two others had taken the girls to a resort and subjected them to sexual assault. The victims later identified the petitioner in a Test Identification Parade conducted before a magistrate on September 15, 2022 and their statements further detailed his role.

Procedural Allegations Rejected

The petitioner claimed he had been detained without being told the reasons for his arrest and that his wife had not been informed. However, the prosecution produced the arrest memo bearing the petitioner’s signature, showing that he was arrested at 11:46 p.m. on July 28, 2022, and that intimation was given to his wife.

“Column No.8 specifically mentions the name of the petitioner’s wife to whom the information was given about his arrest,” the bench noted.

Supreme Court Precedent Cited

Referring to the Supreme Court’s ruling in Sri Darshan judgment, which deals with the issue of such “detention”, the bench observed that “mere absence of written grounds does not ipso facto render the arrest illegal unless it results in demonstrable prejudice or denial of a fair opportunity to defend”.

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Directive for Awareness

While dismissing the petition, the High Court directed that the Supreme Court’s Sri Darshan judgment be circulated among magistrates, sessions judges, and investigating officers to ensure uniform understanding of arrest procedures.

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