Nagpur: After finding that an accused is incapable of independently defending himself due to mild intellectual disability, the Nagpur bench of Bombay High Court last week asked Bhandara Sessions Court to reconsider his plea seeking closure of a POCSO case against him.
Justice Mehroz Pathan set aside the Aug 4, 2025, order rejecting the discharge plea of the accused and directed the trial court to determine in two months whether there is sufficient prima facie material in the chargesheet to proceed against him. The trial court has also been directed to consider whether the accused can be released under Section 330(3) of the Code of Criminal Procedure, keeping in view the nature of the alleged acts and the extent of his mental incapacity. The accused is facing prosecution under Sections 323, 354 and 354A of IPC read with Sections 8, 10 and 12 of POCSO Act in connection with a case registered at Tumsar police station in Nov 2023. The court said the trial court had failed to properly apply the provisions of Sections 329 and 330 of CrPC, which prescribe the procedure where an accused is found to be of unsound mind and incapable of entering a defence.
“The findings recorded by the sessions judge that there is no consistent opinion of all the doctors that the accused is of unsound mind, is perverse,” Justice Pathan observed. The offences against him included using criminal force against a woman with intent to outrage her modesty and sexual assault on a child.
HC directed the sessions court to first determine whether the prosecution material establishes a prima facie case and thereafter deal with the accused in accordance with Section 330(3), which permits the court to consider release based on the nature of the alleged act and the extent of mental incapacity.