Bombay High Court Grants Bail in Assault Case Due to Lack of Sexual Intent

The Bombay High Court has granted bail to Kapil Taak, a 33-year-old man accused of assaulting three minor boys, after noting that there was no sexual intent involved. Arrested in 2021, Taak faced charges under various sections of the Indian Penal Code and the POCSO Act. The court highlighted that the case involved physical and mental torture, driven by the belief that the victims were thieves.

The Bombay High Court has granted bail to Kapil Taak, a 33-year-old accused of assaulting three minor boys, on the grounds that there was no sexual intent involved in the case. The decision was delivered by Justice Anil Kilor on June 21, with the order made available on Monday.

Taak, arrested in 2021, faced charges including unnatural offence, assault, and criminal intimidation under the Indian Penal Code, along with sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The court's review of the First Information Report (FIR) concluded that the accusations pertained to physical and mental torture rather than sexual crimes.

Defense lawyer Sana Khan argued that the POCSOA provisions were inapplicable due to the absence of sexual intent, emphasizing that Taak had been in jail since 2021 and that a chargesheet had already been filed. The initial complaint arose in April 202 after one victim's mother discovered a video of the boys being assaulted.

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