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Time of India
16-07-2025
- Time of India
‘May use position to influence kid': No HC bail to priest in child sex abuse case
Mumbai: Considering his position in the community, Bombay high court rejected the bail plea of a priest who sexually abused a minor in Oct 2020 inside a temple. "This position of authority and influence in the local community creates a significant risk that the accused may use his social standing to influence the victim child and his family members. The victim being a minor child is particularly vulnerable to such influence, and any attempt to tamper with his testimony could seriously prejudice the prosecution case and defeat the ends of justice," said Justice Amit Borkar on Monday. According to the prosecution, on Oct 26, 2020, between 5-5:30pm, the accused (then 45) took advantage of the minor (then 15), gave him Rs 40 and made him engage in a sexual act. The priest was arrested the next day by Bhiwandi city police and an FIR registered under IPC Section 377 (unnatural offences) and Posco Act, including for penetrative sexual assault. The chargesheet was filed in Dec 2020. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Citing his continuous custody of over four years, the priest's advocate Ashok Dubey said unreasonable delay in completion of the trial violates his fundamental right to speedy trial under Article 21 (Right to Life). In Nov 2023, HC while rejecting his bail plea allowed him to apply afresh after the recording of the boy's statement, which was delayed by six months. Prosecutor Mahalakshmi Ganapathy and advocate Sagar Rane, appointed to represent the boy, opposed the priest's release. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Villas Prices In Dubai Might Be More Affordable Than You Think Villas In Dubai | Search Ads Get Quote Undo Justice Borkar was "particularly concerned" about their submissions regarding the likelihood of him using his position and influence as a priest "to influence the victim child and his family members, thereby jeopardising the fair trial". Justice Borkar agreed the CCTV footage "graphically records the entire incident as narrated by the victim child". He said the grant of bail is a judicial discretion which must be exercised judiciously. "In cases under the Pocso Act , the courts are required to be particularly cautious as these offences involve the safety and protection of children, who are the most vulnerable members of society," he said. Justice Borkar noted the CCTV panchnama, duly supported by a verification certificate under Information Technology Act, "appears to corroborate the version of the prosecution case". "After carefully weighing all relevant factors, this court finds the interests of justice would not be served by releasing the applicant on bail at this stage," he said. However, considering the accused's "prolonged incarceration," he directed the trial court to expeditiously conduct the trial. He granted him liberty to apply for bail after 6 months if trial is not completed.
Indian Express
16-07-2025
- Indian Express
Bombay HC refuses bail to temple priest accused of sexually abusing boy, cites CCTV video, his social standing, evidence tampering risk
The Bombay High Court on Monday rejected the bail plea of a priest accused of sexually assaulting a minor boy on the premises of a temple in Maharashtra's Thane district in October 2020, stating that he might 'use his social standing to influence the victim child and his family members'. Referring to the temple priest's 'position of authority and influence in the local community', a single-judge bench of Justice Amit Borkar observed, 'The victim, being a minor child, is particularly vulnerable to such influence, and any attempt to tamper with his testimony could seriously prejudice the prosecution case and defeat the ends of justice.' The court observed that the prosecution provided 'substantial evidence' in the form of CCTV footage that allegedly captured the entire incident as narrated by the child. As per the prosecution's case, on the evening of October 26, 2020, the priest took advantage of the minor boy by offering him Rs 40 and allegedly sexually abused him, with his acts captured on a CCTV camera installed on the temple premises. The accused was arrested the next day, and a chargesheet was filed on December 6, 2020. He was booked under section 377 (unnatural offences) of the Indian Penal Code and provisions of the Protection of Children from Sexual Offences (Pocso) Act. Advocate Ashok Dubey, appearing for the priest, argued that his client had undergone prolonged incarceration of over four and a half years without the trial being completed. Dubey added that while the high court in November 2023 rejected an earlier bail plea with liberty to apply again after the trial court records evidence of the child witness, it had not been recorded for over six months, leading to a delay in trial proceedings. Additional Public Prosecutor Mahalakshmi Ganapathy, appearing for the Thane police, and advocate Sagar A Rane, representing the minor boy, opposed the bail plea citing 'strong CCTV evidence'. The lawyers said there was a likelihood that the priest might try to influence the victim child and his family, jeopardising fair trial. Justice Borkar, after perusing the submissions, noted that in Pocso cases, the courts are required to be cautious as the offences involve 'the safety and protection of children, who are the most vulnerable members of society'. 'The strong evidence in the form of CCTV footage, the serious nature of the offences involving sexual abuse of a minor child, the significant risk of tampering with evidence or influencing witnesses due to the accused's position as temple priest, and the need to ensure protection of the victim child, all militate against the grant of bail,' the court held. However, the high court directed the trial court to complete the examination of witnesses within six months and conduct the trial without unnecessary adjournments. The court also granted liberty to the priest to apply afresh for bail if the trial is not completed within six months.
Time of India
08-07-2025
- Politics
- Time of India
Bombay high court holds BNS offences corresponding to PMLA schedule are predicate offences
Mumbai: The Bombay High Court on Tuesday held offences under Bharatiya Nyaya Sanhita (BNS), 2023, which correspond to offences listed in PMLA Schedule, as erstwhile IPC provisions, are to be regarded as predicate offences. Justice Amit Borkar in his judgment that dealt with the law point for the first time held that for the purposes of PMLA, 2002, the absence of a textual amendment of the Schedule does not disable the prosecution so long as the new law—BNS—covers the same field of criminality. The HC dismissed, as devoid of merit, contentions of one accused, Nagani Shafi, 33, that the Enforcement Directorate (ED) had no jurisdiction to register the offence or proceed under PMLA due to the change in law. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The HC rejected his plea for bail after dealing. Special ED counsel H S Venegaonkar argued that as required by law, the predicate offences including cheating, forgery, etc., formerly under IPC, are now under BNS and hence there is no illegality in ED filing cases based on BNS. "If the court were to hold that the PMLA Schedule became ineffective merely because the IPC was repealed and re-enacted, it would produce an unreasonable and illogical outcome, namely, that a central penal statute like PMLA would become partly inoperative even though the same offences still exist under the new law,'' Justice Borkar observed. "This would defeat the very object and spirit of the PMLA, which is to fight the menace of money laundering by linking it with specified predicate offences,'' he held, adding, "Such an interpretation must be avoided Instead, the references to IPC offences in the Schedule to PMLA must be read as dynamically updating to their corresponding provisions in the BNS, in light of Section 8(1) of the General Clauses Act, 1897, and the settled judicial principle of purposive construction.'' by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Bộ kit 10000W: Giải pháp xanh cho gia đình LocalPlan Tìm hiểu thêm Undo The HC noted that executive power is not law-making power and cannot be used as a substitute for legislative action. The Centre's attempt last July to use its executive power to clarify that references to the IPC in various central laws should now be read as references to the BNS goes beyond the permissible scope of executive power, said the HC, adding it "doesn't amount to 'law'". "Substituting penal provisions across multiple legislations, even if for administrative convenience, is not an administrative function, but a legislative act,'' the HC held but added that contextual interpretation of law requires it to hold that BNS offences corresponding to older IPC offences listed in the PMLA Act schedule can be relied on while registering ED cases.
India Today
05-07-2025
- India Today
Bail is rule, but not in child abuse cases: Man denied bail for sodomising minor
The Bombay High Court, while holding that 'bail is indeed the rule and jail is the exception,' stated that this general principle must be balanced against the special circumstances of each case, particularly when dealing with offences against children. The court therefore refused to grant bail to a 25-year-old student accused of sodomising a minor at Aksa beach, Mumbai last bench of Justice Amit Borkar observed that while every accused person has a fundamental right to liberty, this right is not absolute and must be balanced against the larger interests of justice, public order, and the protection of victims, especially when the victims are minors.'The POCSO Act represents the legislative intent to provide stringent protection to children from sexual offences. Courts, as guardians of justice, have a solemn duty to ensure that this legislative objective is not defeated by a liberal approach to bail in such serious cases," he stated. The Court further observed that 'the trauma suffered by child victims in sexual assault cases is immense and long-lasting.""The criminal justice system must be sensitive to their plight and ensure that they are not subjected to further victimization through intimidation or influence by the accused persons," he added.A 17-year-old boy from suburban Mumbai regularly went fishing with his friend and was doing so on July 31, 2024. After catching fish, both friends were sitting on the beach when, around 6:30 pm, a man approached them and asked them to come near the bushes, claiming something had happened there. The boys were hesitant, but when the man persisted, the victim went to take a they reached the bushes, the accused held him, forcibly removed his clothes, and committed unnatural carnal intercourse with him against his will and without his the victim began to cry then the accused revealed his identity as Mayur Wankhede and callously told the victim that he was free to inform anyone about what had transpired. The victim and his friend then went to register an FIR and the accused was arrested. After investigation, a charge sheet was also going through the evidence, the bench observed, 'there exists sufficient prima facie evidence to suggest the involvement of the applicant in the alleged offence. The medical examination report constitutes crucial evidence in the present case. The report clearly indicates signs of recent forceful penetration and states that sexual violence cannot be ruled out.'advertisementThe bench further ruled, 'This Court is mindful of the fact that the present case involves allegations under the Protection of Children from Sexual Offences Act, 2012 (Pocso Act), which is a special legislation enacted to provide protection to children from sexual offences. The Pocso Act has been enacted with the noble objective of safeguarding the interests of children and ensuring their protection from sexual exploitation and abuse.''The nature of the alleged offence is such that it not only causes physical harm to the victim but also inflicts severe psychological trauma that may have long-lasting effects on the minor victim. Courts have consistently held that while considering bail in cases involving sexual offences against minors, the traumatic effect on the victim and the possibility of the accused influencing or intimidating the victim or witnesses must be given due consideration," the bench court noted that the victim is a minor and there exists a reasonable apprehension that if released on bail, the applicant may attempt to influence the victim or other witnesses."The victim, being a minor, is particularly vulnerable to intimidation or pressure, which could seriously compromise the fair trial of the case. The investigation has been completed and the charge-sheet has been filed, but the trial is yet to commence. During this crucial period, it is essential to ensure that the victim and witnesses are protected from any potential influence or harassment by the accused," the bench observed.- Ends advertisement
India Today
20-06-2025
- Politics
- India Today
Judiciary shouldn't override public policy: Court backs slum rehab on open land
The Bombay High Court has refused to strike down a provision under the Development Control and Promotion Regulations (DCPR) 2034, which allows the use of public open spaces for slum redevelopment projects. The court said that decisions related to urban planning should be left to the authorities and not the judiciary unless there is a clear violation of legal or constitutional bench of Justices Amit Borkar and Somasekhar Sunderasan delivered the verdict while hearing a petition filed by an alliance of NGOs in 2002. The petition challenged the use of open spaces, meant for parks, gardens, and playgrounds, for slum rehabilitation schemes. The petitioners argued that the policy went against the principles of sustainable development and the public trust doctrine, which protects public assets from private court examined regulation 17(3)(D)(2) of the DCPR 2034, which permits reserved open spaces above 500 square metres to be used for slum redevelopment. The policy requires that at least 35 per cent of the ground area be left vacant and continue to serve public purposes. The bench said, "The regulation shows a sincere attempt to balance two competing rights, exactly as the Constitution requires. It supports a vision of environmental well-being that also respects human dignity, and promotes a model of urban growth that includes the poor, rather than pushing them to the city's margins."advertisementIt also said that courts must respect the limits of judicial review. "This does not mean that courts have no role. As constitutional protectors, courts must step in where a policy violates the law, infringes fundamental rights, or is arbitrary and unfair," the bench added."But, even while doing so, the court must remain within the boundaries of judicial review and avoid functioning as a policymaking authority, particularly when the government has followed due process and attempted to balance competing interests in an open and fair manner," the court further the High Court had passed an ad-interim order restraining the government from approving any new slum rehabilitation schemes on such lands without court permission. The interim order remained in effect for nearly two decades, during which time several developers and housing societies had to approach the court to seek Watch IN THIS STORY#Mumbai
