Bombay High Court Grants Bail to Rape Accused, Adopts Reformative Approach

Post By 24law
February 12, 2025

Pranav B Prem

In a significant ruling, the Bombay High Court granted bail to a 20-year-old man accused of raping his 14-year-old minor cousin, emphasizing the need to provide him with an opportunity to "reform and repent." Justice Milind N. Jadhav observed that courts should adopt a reformative rather than a punitive approach, particularly when dealing with young undertrials.

Case Background

The accused, Ritik Suresh Millil, was booked under Sections 363, 376(2)(f)(j)(n) and 376(3) of the Indian Penal Code (IPC), along with Sections 4, 6, and 8 of the Protection of Children from Sexual Offences Act (POCSO Act). The case arose from allegations that between April and May 2023, the accused had committed sexual assault against his minor cousin multiple times at their residence in Wadala, Mumbai. The victim, an orphan, was living with the accused’s family. The prosecution alleged that the accused had assaulted the victim three times, with the first instance occurring in April 2023. The FIR was filed on August 15, 2023, after the victim confided in a friend, who informed her parents. The accused was arrested the same day and had been in custody since then.

High Court's Observations

While considering the bail plea, Justice Jadhav observed that the delay in lodging the complaint and the victim’s continued interaction with the accused’s family without any apparent distress raised concerns. The Court noted: "Considering the age of victim and the difference in age between the victim and Applicant being 4 years only at the time of the incidents, there is every possibility that the nubile age of the parties may have led to multiple incidents." The Court expressed its concerns over the victim’s silence and behavior following the alleged incidents, stating:"Silence at the time of incidents and immediately thereafter is somewhat deafening. However, silence of the victim until August 2023 when she was otherwise behaving normal is what intrigues the Court."

Emphasis on Reformative Justice

The High Court emphasized the need to consider the accused’s young age and the possibility of his rehabilitation. Justice Jadhav stated: "Considering Applicant’s age and if he is enlarged on bail, this Court is hopeful that Applicant’s family will undoubtedly do their duty to make every effort and attempt to reform and aid the Applicant in leading a reformed life while on bail rather than keep him in prison and expose him to criminal outlook and life in prison." The Court also acknowledged the victim’s disadvantaged background, stating: "It is prima facie seen that the disadvantaged background of the victim being an orphan has exposed her to the vagaries of the situation in the present case."

However, the Court highlighted the importance of offering the accused a chance to reform, emphasizing: "If a chance is given to the Applicant because of his young age by enlarging him on bail, there is a possibility that he will be remorseful and repent in retrospect. This is a chance required to be taken by the Court because punishment has to be believed to be inflicted for a reformative result rather than being punitive in nature." The bench reiterated that granting bail does not imply approval of the accused’s actions, stating: "This is a chance which the Court must take considering the young age of accused. By considering this Court is not stamping approval of any of the actions of Applicant regarding the crime in question. Court is also equally conscious of the offence."

Concerns Over Prolonged Incarceration

The Court also pointed out the risks of prolonged incarceration for young offenders, stating: "If the Applicant is incarcerated in prison further, there is every possibility that he might lose faith in the institution and society at large and may tread the path of criminality or would waste his life. Incarceration in prison statistically shows that it exposes many youth to abuse."

Justice Jadhav further elaborated on the detrimental effects of imprisonment on young offenders: "There are several harms of incarceration which are inflicted disproportionately on the youth. This is the reason why this Court feels that any / every semblance of a chance towards a reformative approach in punishment should be adopted, especially in the case of young offenders."

Bail Conditions

Considering the overall circumstances, the Court granted bail on the following conditions:

The accused must furnish a personal bond of Rs. 25,000 with one or two sureties.
He must report to the investigating officer once a month for the first six months.
He shall not leave Maharashtra without prior permission from the trial court.
He must not attempt to contact the victim or influence any witnesses.
Any violation of these conditions will entitle the prosecution to seek cancellation of bail.