(1.) The petitioner seeks bail in FIR No. 558/2021 dtd. 30/8/2021 registered at Police Station Prashant Vihar for offences under Sec. 354, 354A IPC read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
(2.) The brief facts leading to the present case are as follows:-
(3.) Mr. Mohit Mathur, learned Senior Advocate contends that a reading of the FIR shows that no offence under Sec. 8 of the POCSO Act against the petitioner is made out. He states that Sec. 7 of the POCSO Act defines sexual assault and the allegations in the FIR are not sufficient to bring the case within the ambit of Sec. 7 of the POCSO Act and, therefore, the petitioner cannot be punished under Sec. 8 of the POCSO Act. He states that assuming that there is sufficient material to proceed against the petitioner for an offence under Sec. 8 of the POCSO Act, for which the maximum punishment is only 5 years. He contends that the petitioner is in custody from 30/8/2021 and charge sheet stands filed and, therefore, there is no chance of the petitioner tampering with the evidence.