The court denied bail on grounds of serious allegations of sexual assault against a minor and the psychological impact on the victim, highlighting the need for victim protection.

ORDER:

1. By this application, the applicant seeks his release on bail under Section 4 39 of the Code of Criminal Procedure, 1973 (for short “Cr. P.C”), who is being prosecuted by Amboli Police Station, Mumbai in connection with First Information Report (for short “F.I.R) No.318 of 2021 for the offences punishable under Sections 1 of 47 SHAILAJA Digitally signed by SHAILAJA SHRIKANT SHRIKANT HALKUDE Date: 2024.04.30 13:09:16 HALKUDE +0530 323, 328, 342, 354, 376, 377, 506 (2) r/w 34 of the Indian Penal Code (for short “I.P.C”) and Sections 4 , 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”.

2. Facts of the case are as follows.

3. The first informant is the father of the victim. He deals in the business of furnishing. At the time of lodging an F.I.R, the victim was seventeen years old. On 3rd May, 2021, the victim eloped with the nephew of the first informant without informing anyone. The first informant, therefore, reported the matter to the Amboli Police Station and a crime bearing No.283 of 2021 under Sections 114, 363, 376 (2) (f) (n) of the Indian Penal Code and 4, 6, 8 and 12 of the POCSO Act was registered on 4th May, 2021.

4. Meanwhile, all the family members started searching for the victim. When they were searching her bedroom in order to find out some clue, they noticed a handwritten notebook of the victim with twenty seven full scape pages. Having read the contents of the said notebook, the first informant and his family members were shocked and flabbergasted to know that during their earlier stay at Shivshakti Co-operative Housing Society, near Dhake Colony, J.P. Road Andheri (West), when the victim was in 4th standard, she was repeatedly subjected to forcible sexual intercourse, rape as well as unnatural sex by the applicant. She was threatened by the applicant not to disclose about it to anyone, else, he would kill her. The notebook also reveals that wife of the applicant was hand in gloves with him in his all the aforesaid acts.

5. Even before discovering the said handwritten notebook, the victim had apprised her mother in the month of March, 2020 with regard the acts of forcible sex and unnatural activities by the applicant with her by administering some stupefying substance. The applicant used to insert his penis in her mouth and used to discharge semen. Many a times, while committing forcible sexual intercourse, he used to throttle her. The first informant’s wife had apprised him of the frequent incidences, however, since several relatives of the applicant were residing in the same building, the first informant and his wife were under tremendous stress and scared of the applicant. They thought of the marriage prospects of the victim in future and also about the reputation of the family which is at stake in the society. For the said reasons, matter was not reported either to the Police or to any other member of the family. Even the victim was asked not to disclose the said facts to anyone. The victim was under tremendous stress and was always subdued and depressed. She was being treated by a Psychiatrist.

6. As such, on 3rd May, 2021, while reporting the matter to the Police, the first informant gathered courage to disclose past incidences qua the victim.

7. Investigating officer conducted investigation into the crime. Statements of the witnesses, parents of the victim and the victim came to be recorded. The applicant and his wife have been arrested. The victim was referred for medical examination.

8. The prosecution had tendered a report of the Psychiatrist from Dr. R.N. Cooper Hospital qua the victim. The handwritten notebook of the victim was seized under a panchanama. Statement of the victim under section 164 of the Cr. P.C came to be recorded by the Metropolitan Magistrate, Mazgaon, Mumbai. After the investigation, a charge-sheet has been filed.

9. An application for bail moved by the applicant before the Special Court under POCSO Act was rejected on 13th Augus