Bombay High Court Denies Bail in Child Sexual Assault Case

The Bombay High Court emphasized that bail should be the norm while imprisonment is the exception, highlighting the need to balance this principle with the unique circumstances of each case, particularly those involving crimes against children. Consequently, the court rejected bail for a 25-year-old student accused of raping a minor at Aksa Beach in Mumbai last year. Justice Amit Borkar's bench noted that while every accused has a fundamental right to freedom, this right is not absolute and must be weighed against the interests of justice, public order, and the safety of victims, especially when the victim is a minor.

The POCSO Act represents a legislative intent to provide robust protection for children against sexual offenses. It is the courts' solemn duty as guardians of justice to ensure that a lenient approach to bail does not undermine this legislative goal in serious cases. The court further remarked that the trauma endured by child victims in sexual assault cases is profound and long-lasting. The criminal justice system must be sensitive to their plight and ensure that they do not face further victimization through intimidation or influence from the accused.

A 17-year-old boy from suburban Mumbai regularly went fishing with a friend, and on July 31, 2024, they were doing just that. After fishing, the two friends were sitting on the beach when a man approached them, urging them to come closer to the bushes, claiming something had occurred there. Although hesitant, the victim went to check when the man insisted. Upon reaching the bushes, the accused seized him, forcibly stripped him of his clothes, and engaged in unnatural sexual acts against his will and without consent. When the victim began to cry, the accused identified himself as Mayur Wankhede and cruelly told the victim that he was free to tell anyone about what had happened.