Pune Constable Granted Anticipatory Bail in Minor Affair Case

The Bombay High Court has granted anticipatory bail to Constable Ganesh Chimte of the Pune Police, following allegations by his estranged wife of an extramarital affair with a minor, resulting in a child. The case, which involved charges under the Protection of Children from Sexual Offences (POCSO) Act and the Prohibition of Child Marriage Act, saw Chimte initially denied bail by the Pune court.

According to reports, Chimte's wife filed the case after allegedly discovering him living with the minor and their child during a visit to his house. She claimed the girl was born in 2005 and accused Chimte of sexually exploiting her. However, Chimte's legal team, comprising advocates Tapan Thatte and Vivek Arote, argued that the girl was a major at the time of the child's birth, citing a birth certificate indicating her birth in November 2004. They contested the charges under POCSO based on this evidence.

Despite the prosecution presenting a school-leaving certificate suggesting the girl's birth in 2007, Thatte and Arote emphasized the primacy of the birth certificate in determining the girl's age. The court agreed, highlighting the marital discord between Chimte and his wife as a key factor in the case's genesis.

The bench, led by Justice NJ Jamadar, acknowledged Chimte's status as a public servant and the remote possibility of him fleeing from justice. This consideration, along with the dispute's origins in marital discord, informed the court's decision to grant anticipatory bail.

The case underscores the legal complexities surrounding allegations of sexual offenses involving minors and the significance of accurate documentation in determining legal outcomes.

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