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Last Updated: Wednesday, 22 December, 2004, 16:05 GMT
Sex-case Delhi schoolboy bailed
The boy is brought to juvenile court
The boy had no history of "delinquency", the court said
An Indian court has granted bail to a schoolboy who allegedly recorded a sexual act between himself and a 16-year-old girl on his mobile phone.

The clip was later sold on video CDs via auction site Baazee.com, sparking the arrest of its manager for India.

The juvenile court ordered the boy, 17, not to leave the country.

In a case that has shocked many Indians, the prosecution had demanded he be put in psychiatric care for displaying "animal instincts".

However the court, after reading social welfare reports, said the boy came from a decent family and did not have any history of "delinquency".

The act of the boy was obscene, depraved and showed his animal instincts
Police petition

Magistrate Santosh Snehi Mann released the boy on bail after his parents put up 25,000 rupees ($570) and surrendered the minor's passport.

The judge called his actions a "misadventure".

The court ordered the boy, who cannot be named, to undergo a month of counselling and told his parents to supply weekly behavioural reports.


However, police and prosecutors had called for the boy to be kept in juvenile detention.

A police petition said: "The act of the boy was obscene, depraved and showed his animal instincts and he should undergo psychiatric treatment and counselling.

"The boy has been continuously tampering with evidence, including destroying the cell phone with which he recorded the objectionable pictures."

Avnish Bajaj, of Baazee.com
Baazee.com has reacted angrily to Mr Bajaj's arrest

The ruling came a day after the chief of the auction website that sold clips of the act was also given bail.

Avnish Bajaj, of Baazee.com, which is owned by the US-based eBay Inc, was also ordered not to leave the country.

He was arrested last Friday under India's information technology law, which prohibits the use of the internet to distribute obscene or pornographic material.

Bazee.com has reacted strongly to the arrest of Mr Bajaj, saying the clip was removed from the website as soon as the contents became known.

The alleged seller of the two minutes and 37 seconds clip, an engineering student, has also been arrested.

The girl involved has reportedly been sent to Canada by her parents.

The teenagers were both expelled from their school.

The case has outraged many parents in normally conservative India and has sparked a huge debate on sex laws and sex education.

One mother of two, Radhika Sharma, told Reuters: "We have been a very closed society and although sex has been around, it was always under the carpet. So this is certainly a wake-up call."

Sangeeta Saksena, a student counsellor in Bangalore, said: "We need to talk to kids, give them information and moral input and instil some sense of responsible sexual behaviour."

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