The Bombay High Court recently dismissed a bail application filed by Mayur Raju Wankhede, who was accused of committing a serious sexual offence against a 17-year-old boy. The single-judge bench of Justice Amit Borkar held that granting bail in such grave offences under the Protection of Children from Sexual Offences (POCSO) Act would defeat the purpose of the legislation.
The case arose from an incident reported on July 31, 2024, where the minor victim approached the Malawani Police Station in Mumbai and filed a complaint. According to the FIR, the accused allegedly lured the victim into nearby bushes at Aksa Beach and committed unnatural carnal intercourse against his will.
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The prosecution emphasized that the complaint was filed promptly on the same evening, and a medical examination was conducted the next day. The report indicated clear signs of recent forceful penetration, which could not be ruled out as sexual violence. It also highlighted that the victim had identified the accused, first as an unknown person, but later named him as Mayur Wankhede — consistent with the allegation that the accused revealed his identity post-assault.
Quoting the court’s stance:
“This Court observes that while every accused person has a fundamental right to liberty, this right is not absolute and must be balanced against the larger interests of justice, public order, and the protection of victims, particularly when the victims are minors.”
Justice Borkar stressed that in cases under special statutes like POCSO, courts should not adopt a liberal approach toward bail. He noted that the trauma inflicted on minor victims is severe and long-lasting. Any possibility of the accused influencing or intimidating the victim could compromise the fairness of the trial.
The court dismissed the applicant’s argument that the absence of a test identification parade and lack of visible injuries created doubt about the incident. It held that:
“Sexual offences often involve psychological coercion, fear, and shock, which may prevent the victim from offering effective physical resistance.”
Further, the medical evidence and the victim’s consistent statements were deemed strong prima facie proof. The bench concluded that the accused failed to show that the allegations were groundless or that he was falsely implicated.
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In rejecting the bail, the court reiterated:
“The POCSO Act represents the legislative intent to provide stringent protection to children from sexual offences. Courts, as guardians of justice, have a solemn duty to ensure that this legislative objective is not defeated by a liberal approach to bail in such serious cases.”
Case title:- Mayur Raju Wankhede vs. State of Maharashtra & Anr.
