Bombay HC refuses bail to temple priest accused of sexually abusing boy, cites CCTV video, his social standing, evidence tampering risk
Referring to the temple priest's 'position of authority and influence in the local community', a single-judge bench of Justice Amit Borkar observed, '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.'
The court observed that the prosecution provided 'substantial evidence' in the form of CCTV footage that allegedly captured the entire incident as narrated by the child.
As per the prosecution's case, on the evening of October 26, 2020, the priest took advantage of the minor boy by offering him Rs 40 and allegedly sexually abused him, with his acts captured on a CCTV camera installed on the temple premises.
The accused was arrested the next day, and a chargesheet was filed on December 6, 2020. He was booked under section 377 (unnatural offences) of the Indian Penal Code and provisions of the Protection of Children from Sexual Offences (Pocso) Act.
Advocate Ashok Dubey, appearing for the priest, argued that his client had undergone prolonged incarceration of over four and a half years without the trial being completed. Dubey added that while the high court in November 2023 rejected an earlier bail plea with liberty to apply again after the trial court records evidence of the child witness, it had not been recorded for over six months, leading to a delay in trial proceedings.
Additional Public Prosecutor Mahalakshmi Ganapathy, appearing for the Thane police, and advocate Sagar A Rane, representing the minor boy, opposed the bail plea citing 'strong CCTV evidence'. The lawyers said there was a likelihood that the priest might try to influence the victim child and his family, jeopardising fair trial.
Justice Borkar, after perusing the submissions, noted that in Pocso cases, the courts are required to be cautious as the offences involve 'the safety and protection of children, who are the most vulnerable members of society'.
'The strong evidence in the form of CCTV footage, the serious nature of the offences involving sexual abuse of a minor child, the significant risk of tampering with evidence or influencing witnesses due to the accused's position as temple priest, and the need to ensure protection of the victim child, all militate against the grant of bail,' the court held.
However, the high court directed the trial court to complete the examination of witnesses within six months and conduct the trial without unnecessary adjournments.
The court also granted liberty to the priest to apply afresh for bail if the trial is not completed within six months.
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