Thane police have filed an appeal in the Bombay High Court against a sessions court order rejecting their plea for custody of a Shiv Sena party member (Eknath Shinde faction) accused of sexually assaulting a girl of 11 years under the Protection of Children of Sexual Offenses Act (POCSO).

According to the prosecution, the incident occurred on October 11, 2024, while the minor was on her way to her classes. The accused, a 57-year-old manager, allegedly kissed her forcefully on the lips and asked her if she liked it. The girl informed her mother, who filed an FIR with the Thane police.

The accused was arrested on the same day and produced before a sessions court on October 12. The prosecution requested four days of police custody to further the investigation. However, the court rejected the request for pre-trial detention, citing procedural flaws, including the absence of a required checklist justifying the arrest.

“The Investigating Officer (IO) has not produced the checklist to justify the arrest of the accused. No justifiable reason for arrest is mentioned in the application. Therefore, the arrest of the accused is not justified. Therefore, the accused must be released immediately,” the court said.

The victim’s family, through their lawyer Aarti Kalekar, approached the Thane police station, urging the authorities to challenge the decision.

In their appeal, the police argued that the absence of the checklist constituted a procedural defect and did not constitute sufficient grounds to refuse custody. “The checklist is a procedural document intended to confirm compliance with legal requirements. All necessary investigative materials have already been submitted to the court,” the appeal states.

The case, registered under sections 74 and 75(1)(i) of the Bharatiya Nyaya Sanhita and sections 8 and 12 of the POCSO Act, relates to offenses punishable by up to seven years of prison.

The victim’s family, represented by lawyer Aarti Kalekar, had urged the police to appeal the decision. The plea seeks the High Court to set aside the Thane sessions judge’s order and grant custody of the accused for investigation.