Father accused under POCSO: Bail rejected

Bombay High Court: In the order passed by the Bench of A.M. Badar, J., rejecting the application filed for grant of bail where the father being the accused was charged with offences under Sections 6, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 and under Sections 354-A, 376(2)(f) and (i), 506, 509 of the Penal Code, 1860.

The application was rejected, on the basis of statements of other inmates of the house and also relying on the FIR lodged by the victim on 18-4-2017, stating the accused to be indulged in sexual assaults against her since the past several years. The learned counsel for the prosecutrix drew attention to the testimony of the teacher in front of whom she accepted that she was being molested from past 4-5 years and due to the fear of her father as well as mother she had never disclosed about the incident. It was also stated by the victim that the applicant has committed rape on her when she was in seventh standard alone at her house.

Relying on the circumstantial evidence and testimony of other witnesses and doing away with the evidence from the victim , the Court was convinced that no case of bail was made out. The request for holding a mini trial was also rejected. Not giving much consideration to the subsequential change of stance by the daughter considering it prima facie for protection of the accused and also considering the circumstances and evidences, the court decided against the appellant. [Devendra Bansraj Singh v. State of Maharashtra,  2017 SCC OnLine Bom 9120, decided on 9-11-2017]

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