Mumbai’s POSCO Case: Teen romance sparks legal debate.
• 3.5 years in jail, no trial yet
• Mumbai minor case tests POCSO law
Unmesh Gujarathi
Sprouts News Network
In a significant development, the Bombay High Court on April 9, 2025, granted regular bail to Vasim Majali in a case under the Protection of Children from Sexual Offences (POCSO) Act. The case pertains to an FIR registered in 2020 with Nerul Police Station under Sections 363 and 376 (i)(n) of IPC and Sections 4, 5(j)(ii), and 6 of the POCSO Act.
The applicant had been in judicial custody since May 13, 2021—totaling over three years and ten months—without the trial commencing. The court considered long incarceration, delay in trial, and the factual matrix of the case to grant relief. Advocate Mateen Qureshi appeared for the applicant, while Ms. Aafreen Shaikh represented the victim through legal aid.
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According to case records, the prosecutrix, aged 15 years and 3 months at the time, had known the applicant since 2019. The two allegedly shared a romantic relationship, with the girl voluntarily leaving her home on July 25, 2020, to accompany him to Uttar Pradesh. She later informed her father of her whereabouts, leading to her return after 10 months.
The applicant’s counsel argued the relationship was consensual, with no signs of coercion or violence. He cited the absence of injuries in medical examinations and claimed that the prosecutrix stayed with him voluntarily, including engaging in a sustained physical relationship that led to her pregnancy. It was emphasized that the FIR was filed ten days after the informant was aware of his daughter’s location.
• Legal Aid Highlights Statutory Protection of Minors Under POCSO
However, the state opposed the bail, emphasizing that the prosecutrix was a minor, and her consent was irrelevant under the POCSO framework. Ms. Shaikh, appearing for the victim, cited key precedents affirming that relationships with minors—even if consensual—constitute statutory offences.
She referenced Supreme Court rulings and invoked Section 29 of the POCSO Act, which creates a presumption against the accused in such cases. She argued that the applicant had induced the minor to elope, forming the basis for aggravated sexual assault under the law.
• POCSO Presumption Weighed Against Delays and Relationship Context
Justice Milind N. Jadhav acknowledged the statutory presumption but clarified that such presumptions are not absolute. Citing the girl’s voluntary conduct, her familiarity with the applicant, and the lack of prima facie force or coercion, the court observed that the relationship appeared consensual within the limitations of law.
The court noted that the delay in filing the complaint, long-standing acquaintance, and the prosecutrix’s own statements pointed toward a romantic relationship rather than criminal intimidation or exploitation. Drawing from previous Bombay and Kerala High Court decisions, the judge stressed that the presumption under Section 29 must rest on credible factual foundations.
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• Extended Incarceration and Trial Delay Influence Court’s Decision
Taking note of the applicant’s nearly four-year detention without the trial beginning, the court granted bail on furnishing a personal bond of ₹25,000 with sureties. The applicant must mark his presence monthly before the trial court and comply with strict conditions, including non-contact with the victim and prohibition from leaving Maharashtra without permission.
Sprouts News notes that this ruling adds to a growing list of cases where courts are closely examining delays and factual nuances while granting bail under stringent special laws like POCSO.
• Implications for Justice Policy and Urban Society
While reaffirming protection for minors, the judgment underlines the judiciary’s careful balance between statutory safeguards and ground realities. The case also highlights the need for expedited trials in sensitive cases, which have ripple effects on urban families and housing society dynamics in metro areas like Mumbai.
As covered by Sprouts News, such cases play a critical role in shaping public discourse on urban development policy, societal awareness, and the administration of justice across Mumbai’s evolving legal landscape.
