SUNNY Vs. STATE

JUDGEMENT

(1.) This is an application filed by the Applicant under Section 439 Cr.P.C. seeking Regular Bail in FIR No. 0035/2020 dated 15.01.2020 under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'), Police Station Swaroop Nagar, Delhi.

(2.) Applicant is the younger brother-in-law of the victim's mother (Chacha of the victim) and is aged about 20 years. Applicant has three siblings and he is the youngest of the three. The eldest brother of the Applicant namely, Suresh and his wife Mamta have three daughters aged about 5, 8 and 12 years respectively and the victim herein is the youngest daughter, aged 5 years.

(3.) Case of the prosecution is that the Applicant repeatedly molested the victim by rubbing and inserting his finger in the private part (vagina) of the victim. In the statement given by the victim under Section 161 Cr.P.C. she clearly stated that the Applicant repeatedly touched her private parts. On 16.01.2020, the statement of the victim was recorded in the Rohini Court under Section 164 Cr.PC, where she reiterated the role of the Applicant. Mother of the victim in her statements under Sections 161 and 164 CrPC stated that the Applicant was indulging in the said act for the past 11/2 year and that she had learnt of this around 7-8 months ago.