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The Bombay High Court criticised the manner in which a special judge imposed only a 3-year jail sentence on a man convicted for attempting to rape a child, particularly when the POCSO Act called for a stricter penalty. ....
The Court noted that because of POCSO Act, a boy aged 20 years could be held guilty of rape for having consensual sex with a girl aged 17 years 364 days, and that such cases were overburdening the justice system. ....
Justice Anuja Prabhudesai noted that the special court while convicting the appellant had relied upon the testimony of the dentist, who opined the girl is minor on the ground that she was not having the wisdom tooth. ....
The Court granted bail to a 23-year-old man booked for kidnapping and raping a minor girl, after noting from the statement of the victim's mother that the relationship was consensual. ....
The court also appreciated the ‘ardous task’ of the trial judge to extract the minor victim’s version of the act where the child stated that the accused had been a ‘bad uncle’. ....