A Vasai court in Mumbai has granted bail to two youths accused under the Protection of Children from Sexual Offences (POCSO) Act, emphasizing the importance of reform and repentance over punitive measures. The case involves a 20-year-old and an 18-year-old, along with two minors, who allegedly sexually assaulted a 14-year-old girl and recorded the act on May 2, 2023. The victim filed a complaint five days later, leading to the apprehension of the accused. The two minors had previously been granted bail by the Juvenile Justice Board.
The court’s decision reflects a growing trend in the judiciary to focus on the rehabilitation of young offenders. In a similar case earlier this year, the Bombay High Court granted bail to a 20-year-old man accused of raping his minor cousin, stating that young undertrials should be given a chance to reform and repent. The court highlighted the importance of a reformative approach, noting that incarceration might expose young individuals to criminal influences.
These rulings have sparked debates about the balance between justice for victims and the potential for rehabilitation of young offenders. While some advocate for leniency to facilitate reform, others argue that such decisions may undermine the severity of crimes under the POCSO Act.
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