Inconsistencies in allegations and strong bond between accused and victim influenced the court's decision to grant bail.

JUDGMENT

Sandeep K. Shinde, J. - Heard learned counsel for the applicant, learned additional Public Prosecutor for the State and learned counsel for the complainant. Perused the charge-sheet.

2 applicant seeks his enlargement on bail in connection with the Investigation in First Information Report No. 3390 of 2020 registered with Vishrantwadi Police Station, Pune for the offence punishable under Section 377 of the Indian Penal Code, 1860 ('IPC' for short) and Section 3, 4, 5(l)(m), 7, 8, 11(ii) of the Protection of Children From Sexual Offences act, 2012 ('POCSO' for short).

3 Victim herein was 11 year old, son of the complainant. Complainant is 42 year old divorcee. In 2016, her first marriage was dissolved. a son and daughter were born from first marriage. applicant and complainant were working in one company. Her friendship and companionship with applicant since, 2016 gradually blossomed. Whereafter since 2018, complainant and the applicant began their live-in relationship. Both were living in the society at Lohgaon at rental flat with two children of the complainant. Over a period of time, their relationship soured. Complainant alleged on 31st July, 2020, applicant abused her under the influence of liquor. Whereafter, applicant allegedly abandoned complainant and started residing in another flat at, Pathare Vasti, Lohgaon. Over a period of time, their differences were patched up to some extent. Thereafter, Complainant permitted her son (victim) to stay with the applicant on 15th august, 2020 for two days. Later, she sent her son to the applicant on 6th September, 2020. Complainant in a statement under Section 164(5) of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), alleged that after September, 2020, she had noticed, perceptible change in behaviour of son. She, observed, he was averse and hesitant to go to applicant's house and was dejected. Rather, he was avoiding him. Complainant when inquired as to why he was avoiding to meet the applicant, son allegedly told her that he was subjected to penetrative sexual assault by the applicant on the pretext of giving massage to him. She reported the incident of sexual assault to the police. Whereafter crime in question came to be registered on 23rd September, 2020 for the offences stated above.

4 applicant was arrested on 23rd September, 2020. Investigation is over and the charge-sheet has been filed.

5 In the course of the investigation, the statement of the victim, his sister and the complainant have been recorded under Section 164 of the Cr.P.C. Besides, the statement of the victim has been recorded by the counsellor. apparently, statements of the victim corroborate, allegations in the complaint.

6 Learned counsel for the applicant submitted that applicant has been falsely implicated in this case by the complainant. She submitted that since 2018 till July, 2020 applicant while in live-in relationship, was taking utmost care, of the complainant and her children, in all respects including their monetary needs. It is submitted victim's narrative of incident to Doctor, who examined him, contradicts the complainant's case. Learned counsel submitted that according to the complainant, victim was subjected to sexual assault in September, 2020; whereas Examining Doctor reported that 'as last incident of assault might have been occurred two months' back. Doctor reported, no injuries present. So clinically there is no evidence of sexual assault-cannot be ruled out.' What is noticeable is that, the last incident of alleged assault probably had taken place two months before, and not in august and/or in September, 2020 as alleged . Be that as it may, assuming that, victim was sexually assaulted by the applicant when they were living together. Even then, there is fallacy, in her complaint. Reason being had, victim been, subjected to sexual assault, while all were living together, he would not have dared or ventured, to stay with the applicant, all alone, on 15th august and 6th September