On September 28, 2020, Kale allegedly gave her niece Rs 50 to buy chicken and liver. When the child returned, Kale discovered that Rs 10 had been spent on chocolates. This reportedly angered Kale, leading to a tragic incident.
MUMBAI: The Bombay High Court granted bail to Vandana Kale, a woman accused of burning her seven-year-old niece after the child spent Rs 10 on chocolates from the Rs 50 given for grocery shopping.
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According to the prosecution, Kale tied the child’s hands and legs, stuffed a handkerchief into her mouth to silence her, and used a hot spoon to inflict burn injuries on the child’s thighs and private parts. The victim’s paternal aunt, who had been her guardian after her mother’s death, filed a police complaint after a neighbour noticed that the child was unable to walk due to severe injuries.
Kale faced serious charges under various laws, including the Indian Penal Code (IPC), the Protection of Children from Sexual Offences (POCSO) Act, and the Juvenile Justice Act. The investigation was primarily based on circumstantial evidence, as there were no direct eyewitnesses to the incident.
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Kale was arrested in October 2020 and placed in judicial custody. Her initial bail application was rejected by the Special POCSO Judge at Dindoshi, Mumbai. Subsequently, she appealed to the Bombay High Court.
A bench of Justice SG Dige heard the case and observed,
“The applicant is behind bar for more than 4 years and 6 months, yet there is no progress in the trial. She is in jail with her 7 year old daughter. Considering the incarceration period of the applicant, her further detention is not required.”
Kale’s lawyer argued that she had been in custody for over three years without any significant progress in the trial. The lawyer also emphasized Kale’s role as the primary caretaker of her four minor children, including her daughter who was staying with her in jail.
The prosecution, however, opposed the bail plea. They highlighted medical evidence supporting the cruelty allegations and expressed concerns that Kale might threaten the victim or witnesses if released.
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Despite the prosecution’s opposition, the High Court granted bail to Kale. The court noted that the investigation had been completed and the charge sheet had been filed. Additionally, the court considered that Kale did not have any prior criminal record.
Advocate Shriganesh Sawalkar represented Kale, while Additional Public Prosecutor Poonam P Bhosale appeared for the State. Advocate Yugandhara Khanwilkar represented the complainant.
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