Child molestation an anti-social crime, rules Bombay High Court while rejecting plea

In a significant order, the Bombay High Court rejected a plea filed by an accused charged under Protection of Children from Sexual Offence (POCSO) Act, seeking benefit under Probation of Offenders Act, which is granted to a person considering his or her good conduct in society, prior to the offence committed. Justice Prakash D Naik, while turning down the plea filed by Nishant Salvi said, "The offences against children who are vulnerable sections of society are anti-social in nature. The Courts are required to exercise utmost caution in interpreting provisions of Probation of Offenders Act." Salvi, who worked for an NGO conducting tuitions for poor children, argued, "The character of the accused or the need to exercise powers under the provisions of the Act can be looked into only after receipt of the report from the probation officer and it is premature to reject the application without the report." He relied on facts that he has no previous criminal antecedents and his family consisting of wife and children, are dependent on him. It was also said trial court has committed error in rejecting application as calling report of Probation Officer was mandatory. The prosecution opposed the plea saying "Factual aspects of the case does not warrant exercise of powers under Probation of Offender's Act, as accused is facing serious charges." The court after going through case details, relying on various Supreme Court judgments, said, "In the present case, such a probation report was not warranted and trial court was not inclined to exercise powers considering nature of crime committed by the accused applicant. Considering the circumstances and prosecution in the present case, I do not find any merit in the application.

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