Bombay HC Grants Bail in Assault Case, No Sexual Intent Found

The Bombay High Court has granted bail to a 33-year-old man, Kapil Taak, accused of assaulting three minor boys. The court determined that the actions, while constituting physical and mental torture, did not carry sexual intent.

Justice Anil Kilor, presiding over the case, released the order on June 21, which became publicly accessible on Monday. Taak had been detained since 2021 under severe allegations, including charges of unnatural offense and criminal intimidation under the Indian Penal Code, as well as sexual assault under the Protection of Children from Sexual Offences Act (POCSO).

The incident involved Taak and others allegedly stripping the teenagers, assaulting them with leather belts, inserting fingers into their anus, and applying balm to their private parts, in addition to capturing the event on a mobile phone. The accused believed the boys to be thieves, leading to this severe mistreatment.

Upon reviewing the FIR and the allegations, Justice Kilor noted that there was nothing to substantiate that the actions were sexually motivated. “The bench emphasised that the case involved physical and mental torture meted out to the minor victims,” the order stated.

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Sana Khan, representing Taak, argued that the charges under the POCSO Act were inapplicable due to the lack of sexual intent in the assault. She highlighted that her client had been in custody for an extended period while the chargesheet was already filed.

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