The Bombay High Court directed the couple to deposit cash bonds of rupees 25,000 each to secure bail.
The Bombay HC has granted bail to an elder convicted under the protection of children against sexual(POCSO) offenses act. In 2013, he was convicted for sexual assault of a 4- year old child in his building. The court also suspended the 10- year rigorous imprisonment for the couple after finding discrepancies in all the witnesses and the evidence. A bench headed by Justice Revati Mohite-Dere granted bail to the couple last week alleging several inconsistencies in the evidence on record.
In March, the court convicted an 87 -year old man and 81- year old wife under section 6 of the POCSO Act. Section 6 of the POCSO Act deals with aggravated penetrative sexual assaults. Advocate Dinesh Tiwari, appearing for the accused couple, argued that the allegations against them were false and baseless, Discrepancies in the evidence of witnesses were also noted. The couple had filed an appeal in the HC seeking suspension of their sentence and enlargement on bail, which was pending the hearing and final disposal of his petition.
The Advocate argued that the mother of the girl who filed the complaint had initially said that both the man and his wife had sexually assaulted them But the minor said that only an 87- year old man sexually assaulted her. Advocate Dinesh Tiwari, also said that the reason for the false accusation towards the octogenarian couple was for handling their house in which they are living.
The state counsel, S.V. Sonawane, opposed the couple's plea. However, The HC held that there were many discrepancies and material lapses in the evidence on record The court thus
suspended the couple's sentence after viewing all the records and granted them bail. Accused will be released on a personal bond of 25000 Rupees.
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