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Bail to 16 year old boy accused of having unnatural sex with 13 year old boy: Gujarat High Court

This particular decision is upheld by the High Court of Gujarat through the learned bench led by HONOURABLE MR. JUSTICE SAMIR DAVE in the case of Mohit Shankarbhaai Vaghela v. State of Gujarat (R/Criminal Revision Application No. 537 of 2022).

Facts:

The Applicant, who was 16 years and 8 months old, was accused of forcibly committing sodomy on a terrace with the complainant’s underage son, who was 13 years old. He also allegedly threatened the victim with death if the incident was revealed to anybody. As a result, FIR was filed under Sections 377, 323, 506(1) of the Penal Code, as well as Sections 3(A), 4 and 18 of the Protection of Children from Sexual Offenses Act, 2012, and the Applicant was arrested in April 2022 and transferred to a Child Observation Home.

Arguments and Judgement:

The Applicant claimed that he was a juvenile who had been wrongly charged with the current offence. Furthermore, he was living with his widowed mother and planned to begin academics the next academic year. He had no criminal history and hence advocated that the application be allowed.

The APP strenuously opposed to the Applicant’s claims and requested that the application be dismissed.

Given the arguments provided by the parties and the accused’s age, the High Court granted the motion and ordered his release on normal bail with restrictions.

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Judgement reviewed by – Arvind Roshan

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