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HC rejects bail plea of youth charged with unnatural sex with minor boys

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The Bombay High Court has recently rejected the bail plea of a 21-year-old, in jail for four years, for indulging in unnatural sexual acts with two minor boys.

A single Bench of Justice Bharati Dangre was hearing a bail application of Nilchand Naik, 21, facing charges under Section 377 (unnatural offences) of the Indian Penal Code (IPC) and Sections 4 (punishment for penetrative sexual assault), 6 (punishment for aggravated penetrative sexual assault), 8 (punishment for sexual assault) and 12 (punishment for sexual harassment) of the Protection of Children from Sexual Offences Act.

Naik was arrested on March 14, 2019 and his bail application was rejected by the sessions court at Dindoshi on December 5, 2020. He then moved the High Court. The chargesheet says two minor boys aged 9 and 11 were subjected to unnatural sex act. When inquired, the boys said Naik had indulged in ‘objectionable acts’ with them three to four times in the last months, which attracts an offence under Section 377 of the IPC.

Naik’s advocate argued that medical examination does not prove the prosecution’s case and yet his client has been incarcerated. However, the court recorded, “When the statements of the two minor children are perused, it is apparent that they have clearly implicated the present applicant (Naik) and undisputedly, these form basis for all the charges which will be proved during the trial. Prima facie, the material being compiled in the chargesheet against the applicant, and he does not deserve any sympathy and his application is rejected,” the order read.

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