SHAMSHER Vs. THE STATE

JUDGEMENT

(1.) By way of the present petition filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') the petitioner seeks grant of regular bail in FIR No. 1107/2014 under Sections 363/376 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 6/10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO') registered at Police Station SP Badli, Delhi. The petitioner is stated to be in judicial custody since 01.10.2014. Status report is on record.

(2.) The brief and necessary facts of the case are that DD No. 31A was registered at Police Station Samaipur Badli on 30.09.2014, in receipt of the information that some wrong thing has happened with a girl, the said DD was marked to SI Ashok Kumar, who along with his staff arrived at the BSA Hospital wherein they met the victim 'K' and her mother 'Complainant P'. The statement of the 'Complainant P' was recorded by Sub-Inspector Sushila wherein she stated that on 30.09.2014 at about 9 p.m. her daughter went missing. During the search of their daughter they heard the cries of their daughter from the house of Shamsher S/o Deen Mohamad and on reaching at the house of the petitioner, she saw that the petitioner had taken off his pants and the underwear of her daughter and was sexually assaulting her. Consequently her daughter was recovered in a petrified state wherein she purported allegations against the petitioner and stated that 'pani wale uncle naih mere sath galat kaam kiya hain'. Based on the her statement recorded and the contents of her daughters MLC, FIR No. 1107/14 was registered under Section 363/376 of the Indian Penal Code and Section 10 of the POCSO Act.

(3.) The previous application for grant of regular bail filed by the petitioner before the Additional Sessions Judge, was dismissed vide order dated 02.11.2017. Hence, the present bail application.