‘May use position to influence kid’: No HC bail to priest in child sex abuse case | Mumbai News

Mumbai: Considering his position in the community, Bombay high court rejected the bail plea of a priest who sexually abused a minor in Oct 2020 inside a temple.“This position of authority and influence in the local community creates a significant risk that the accused may use his social standing to influence the victim child and his family members. The victim being a minor child is particularly vulnerable to such influence, and any attempt to tamper with his testimony could seriously prejudice the prosecution case and defeat the ends of justice,” said Justice Amit Borkar on Monday.According to the prosecution, on Oct 26, 2020, between 5-5:30pm, the accused (then 45) took advantage of the minor (then 15), gave him Rs 40 and made him engage in a sexual act. The priest was arrested the next day by Bhiwandi city police and an FIR registered under IPC Section 377 (unnatural offences) and Posco Act, including for penetrative sexual assault. The chargesheet was filed in Dec 2020.Citing his continuous custody of over four years, the priest’s advocate Ashok Dubey said unreasonable delay in completion of the trial violates his fundamental right to speedy trial under Article 21 (Right to Life). In Nov 2023, HC while rejecting his bail plea allowed him to apply afresh after the recording of the boy’s statement, which was delayed by six months. Prosecutor Mahalakshmi Ganapathy and advocate Sagar Rane, appointed to represent the boy, opposed the priest’s release. Justice Borkar was “particularly concerned” about their submissions regarding the likelihood of him using his position and influence as a priest “to influence the victim child and his family members, thereby jeopardising the fair trial”. Justice Borkar agreed the CCTV footage “graphically records the entire incident as narrated by the victim child”. He said the grant of bail is a judicial discretion which must be exercised judiciously. “In cases under the Pocso Act, the courts are required to be particularly cautious as these offences involve the safety and protection of children, who are the most vulnerable members of society,” he said.Justice Borkar noted the CCTV panchnama, duly supported by a verification certificate under Information Technology Act, “appears to corroborate the version of the prosecution case”. “After carefully weighing all relevant factors, this court finds the interests of justice would not be served by releasing the applicant on bail at this stage,” he said. However, considering the accused’s “prolonged incarceration,” he directed the trial court to expeditiously conduct the trial. He granted him liberty to apply for bail after 6 months if trial is not completed.