POCSO Act has overriding effect on any other law: Bombay HC

The provisions of Protection of Children from Sexual Offences (POCSO) Act has an overriding effect on the provisions of any other law, the Bombay High Court said while granting bail to a 21-year-old man accused of raping a minor girl.

Justice Bharati Dangre was hearing a petition filed by Suraj Paithankar, accused of raping a 16-year-old girl in November 2019.

Paithankar was arrested by Pune police and has been in jail since.

Paithankar was booked under the Indian Penal Code, the Protection of Children from Sexual Offences (POCSO) Act, as well as Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act after the victim claimed he abused her by mentioning her caste.

Paithankar sought bail claiming he and the girl were in a consensual relation.

The prosecution opposed the bail plea claiming since the accused was also booked under the Atrocities Act, he will have to file an appeal against the lower court's refusal to grant him bail under section 14(A) of the Act.

The court, in its order on July 3, however, noted that in a case where the child subjected to abuse happened to be belonging to Scheduled Caste and Scheduled Tribe, the procedure carved out in POCSOA would not take away the powers of the special court to try the offences under the Act.

"The provisions of this Act (POCSO) shall have overriding effect on the provisions of any other law to the extent of inconsistency," the court said.

On the provisions of the Atrocities Act invoked, the court said it is not the case of the prosecution that the applicant was aware the victim girl belongs to a Scheduled Caste and, therefore, intentionally assaulted her sexually, being aware of this fact.

"Therefore, perusal of material in the charge sheet do not prima facie attract provisions of the Atrocities Act," the court said while granting Paithankar bail on a bond of Rs 25,000.