Purpose Of Rehabilitative Sentencing Is To Reform The Offender As A Law Abiding Citizen Again; Bombay HC Grants Bail To 20-yr-old Boy In POCSO Case

Justice Bharati Dangre was hearing a criminal bail application filed by one Shubham Thorat who is accused of offences punishable under Sections 377, 323, 506 of the IPC and for offences under Sections 3(a), 3(c) read with Sections 4, 5(e), 5(m) read with Section 6 of the POCSO Act.

Before granting bail, Justice Dangre added an additional stipulation that the accused will continue to undergo counseling at the hands of Clinical Psychologists and this should be catered to by the Sassoon General Hospital, Pune.

Case Background

The applicant came to be arrested on February 5, 2020 and is presently lodged in Yerawada Jail, Pune. The offence came to be registered on the complaint filed on February 5 by the mother of the victim boy. According to the victim boy's mother, on February 4, when she returned home in the evening, her son aged 13 years, appeared frightened and when she enquired, he informed her that the applicant accused had asked him to accompany him to his house at 3 pm and when he went to his house, he locked the door from inside and he was made to sleep on the coat and remove his clothes.

When the boy asked the applicant why he was doing so, he assaulted the boy. Thereafter, the applicant attempted to have carnal intercourse with him and when the boy raised an alarm, the applicant pressed his mouth and once again attempted to commit the unnatural act. When the victim felt dizzy because of the act, he was asked to wear the clothes and threatened that if he reported the incident to anyone, he would be killed.

The young victim boy was subjected to medical examination on February 5 at 4:15 p.m. The examination of his private parts revealed that there is a tear of approximately 2 x 0.2 cm. over anus, it is reddish without any bleeding.

Final Order

After examining the facts of the case, Justice Dangre noted that considering the fact that the applicant himself is aged 20 years and is a young boy, with the antecedents which have been reported and which reflect that he is already in conflict with law, a report was called from Yerwada Central Prison by order dated December 3, 2020.

Additional Public Prosecutor SV Gavand placed on record the report from the Yerawada Central Prison in which the superintendent of prison has reported that the behaviour of the applicant in jail since the date of his incarceration i.e. on February 10, 2020 is satisfactory.

He was also subjected to psychological assessment and he was screened for psychiatric disturbance. It is reported that there is no psychological disturbance or any psychiatric illness. On his examination on December 21, 2020, the accused is found to be co-operative and communicative. His thoughts are coherent and no abnormality is reported. In the opinion expressed by the Clinical Psychiatrist, Yerawada Central Prison the applicant's behaviour and mental condition is found to be stable.

Justice Dangre observed-

"Apart from the seriousness of the accusation, which he is facing, his impressionable age will also have to be taken into consideration while dealing with his bail application. He is reported to have indulged in the past, when he was juvenile in offences invoking Sections 323 and 324, 504, 506 of the IPC. Barely attaining the majority, in the year 2018, he is involved in two offences registered in Chaturshrungi Police Station; one invoking Sections 323, 324, 504 and 506 with Arms Act and another offence invoking Sections 354 , 354A(1) of the IPC. Chapter proceedings were also initiated against the applicant."

Court went on to analyze the psyche of a young man in conflict with the law and the reformative or rehabilitative approach to sentencing-

"What makes a young boy turn to crime is a matter of in depth study. Factors like peer pressure, poor education, poor socioeconomic status and neglectful childhood may be some factors. Though no crime can be justified on the ground that the circumstances around him makes a person criminal since punishment is the coercion used to enforce the law and it is one of the pillars of modern civilization. Providing a peaceful society life is the duty of a State. Lack of punishment causes the law to lose its face and may result in a lawless society.

However the reformative approach to curb crimes and reform the convicts has come up in order to protect the basic rights a human is entitled to. Across the globe, rehabilitation seeks to bring about fundamental changes in offenders and their behaviour. It generally works through education and psychological transformation to reduce the likelihood of future criminality. The purpose of the reformative theory also known as rehabilitative sentencing is to reform the offender as a person so that he may become a normal law abiding member of the community once again.

The theory of reformation, which is invoked at times on the global front, is not the one which should only be tested at the time when a person is convicted, at the time of commuting of sentence. Here is a young boy aged 20 years, who is already in conflict with law and as the learned counsel has argued, his long incarceration may turn him into a hardened criminal and the apprehension cannot be said to be unfounded. However, at the same time for commission of the alleged acts which are legally prohibited, he will have to be punished."

Granting bail to the accused, Court noted that the release of the applicant is in the form of an experiment to work out on the reformation of a young accused person, awaiting trial expecting that the applicant will not indulge himself further in any unlawful act.

Finally, Justice Dangre asked the Dean of the Sassoon General Hospital to open a file in the name of the applicant with Sassoon Hospital and entrust him to a Clinical Psychologist and a Psychiatrist from the said Hospital.