VIKAS @ VICKY Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. for grant of regular bail to the petitioner in FIR No.134/2016 under Section 377/506 IPC read with Section 6 of POCSO Act registered at Police Station: Kalyan Puri, Delhi.

(2.) The case in the nutshell is that on 16.03.2016 a complaint was received at police station Kalyan Puri by one Smt.Savita w/o Om Prakash R/o: adjoining to Chuhare Wali Factory, Kichri Pur Village, Delhi, to the effect that she is residing at the above address with her family on rent from the last two months and doing private job and that on the said date at about 3 P.M. her son Bablu aged 10 years had gone to lay at Gurudwara Khichripur where at around 4.30 P.M. the petitioner took her son and persuaded him of having a bath at pit near CNG Pump, Khichripur and on reaching there threatened her son to hold his penis in his mouth and thereafter her son under fear took his penis in mouth. Thereafter, the petitioner tried to loosen the pajama of her son when people who were standing by saw him, caught him and took him to the police station and thereafter immediately her son came home and told her the entire incident. The people who had caught hold of the petitioner reached Gurudwara Khichripur where the complainant also reached with her son and he identified the petitioner as the boy who had committed the wrong act with him. The son of the petitioner was thereafter taken for medical examination at LBS Hospital to the complainant objected. Based on the circumstances, a case under Section 377/506 IPC was registered.

(3.) After completion of investigation, charge sheet has been filed in the matter on 24.05.2016. The charges are yet to be framed. The petitioner's bail application has been rejected thrice by the court of session.