SHASHIM DAS Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') seeks bail in case FIR No. 340/2018 under Sec. 376 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO') registered at PS Govindpuri.

(2.) The present FIR was registered at the instance of the mother of the victim, who in her compliant stated as under:

(3.) The MLC of the victim was conducted. In the MLC of the victim, it was stated that she gave a history of sexual assault by her neighbour, i.e., the applicant two days prior to the MLC. She gave a history of penetrative assault. The applicant was interrogated on 5/10/2018 and he is alleged to have admitted to his involvement in the alleged offences. Thereafter, he was arrested and has been in judicial custody since 6/10/2018. On 9/10/2018, the statements of the victim and her mother under Sec. 164 of the CrPC were recorded, wherein they repeated the allegations made in the FIR. The age of the victim was verified from her first attendant school. Her date of birth is stated to be 14/7/2012, which means that on the date of incident, she was nearly 06 years old. Upon completion of investigation, a chargesheet was filed on 7/12/2018 under Sec. 376 of the IPC and Sec. 6 of the POCSO Act and the matter was committed to the Court of the learned District and Sessions Judge, South-East District, Saket.