Mumbai: The Bombay High Court granted bail to madrassa teacher, accused of sexually assaulting a seven-year-old girl inside a madrassa in Shivaji Nagar, Govandi, in Aug 2024. The accused, allegedly the girl’s teacher, was arrested and a chargesheet was filed. Justice Shyam C. Chandak while granting bail noted that the trial had commenced but was not progressing as the victim was not attending court despite police efforts.
The case was registered at Shivaji Nagar Police Station under Section 74 of the Bharatiya Nyaya Sanhita (BNS) and Sections 8 and 12 of the Protection of Children from Sexual Offences (Pocso) Act. The alleged incident took place on Aug 22, 2024, when the girl was attending an Arabic class at the madrassa, according to the prosecution. The case was registered on a complaint filed by the girl’s mother on Aug 26, 2024, following which Shah was arrested on Aug 31, 2024. It observed that the charge under Section 74 of the BNS carried a maximum punishment of five years, while Section 8 of the POCSO Act provides for imprisonment of three to five years. The High Court directed Shah to report to Shivaji Nagar Police Station on the first day of every calendar month between noon and 4 pm until conclusion of the trial.
“The court granted him bail on a Rs 50,000 bond with conditions, including monthly police attendance and directions against influencing witnesses or tampering with evidence,” said his lawyer Nazneen Khatri. Shah had been in custody for nearly two years. The High Court noted that the trial had commenced and the victim’s mother had already been examined. The court also noted that Shah had been in custody for nearly two years.
However, the victim had not appeared before the trial court despite efforts by the police, resulting in the trial not progressing.
“Since the victim’s side is not cooperative, therefore, the liberty of the applicant cannot be curtailed, otherwise it will turn punitive,” the court observed.