Read Time: 05 minutes

Synopsis

The Bombay High Court has recently granted bail to a stepfather who was booked under the POCSO Act after the victim in her statement said that the injuries were self-inflicted.

A single-judge bench of the high court, comprising Justice Manish Pitale, was hearing a bail application filed by a stepfather who was booked under Sections 376AB, 324, and 506(2) of the Indian Penal Code, 1860, and Sections 4, 6, 8, 10, and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015

The FIR was filed by a police constable who found that the 6-year-old victim had suffered physical injuries, including injuries to her private parts.

Advocates Sudeep Pasbola along with Neeraj Yadav, Sunayana Dhakkad and Siddharth Mehta, appearing for the applicant submitted that in her statement recorded under Section 161, the victim implicated her stepfather, after which he was taken into custody. The stepfather has been behind bars since August 5, 2023.

However, in her statement under Section 164, the victim stated that the injuries were self-inflicted and she did not make any allegations against her stepfather. When suggestive questions were put to the victim girl, she denied any role of the applicant in the context of such injuries

The Additional Public Prosecutor Tanveer Khan submitted that the statement of the victim girl recorded under Section 161 of the Cr.P.C., when she was not under the influence of her mother, clearly indicates the involvement of the applicant. It was submitted that subsequently, it appears the victim girl was tutored, and this should be taken into consideration.

Amicus Curiae, Priyanka H. Chavan, submitted that a perusal of the medical examination report would show that, apart from injuries on various parts of her body, there were injuries on the private parts and buttocks of the victim child, which could not have been self-inflicted

However, the high court granted bail while noting that “Considering the contents of the statement recorded under Section 164 of Cr.P.C. and the evidence of the victim child recorded on 12.06.2024, this Court is of the opinion that a prima facie case is made out in favour of the applicant. The medical evidence would have to be appreciated in the context of the material that has now come on record. Therefore, this Court is inclined to allow the present application,” the order reads.

Case title: ABC vs State of Maharashtra