TUSHAR BHATIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant is in judicial custody in Case Crime No. 254 of 2024, under Ss. 376 (2)(f), 376 (AB) of the IPC, Sec. 3a/4 (2), 5 (M) (N)/6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Kotwali Roorkee, District Haridwar. He has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the record.

(3.) According to the prosecution, it is a case of sexual assault by a father on his daughter of three and a half years of age. The informant is the mother. According to the FIR, the informant and the applicant were married in the year 2017. They had some family disputes. The FIR records that the informant was not on job due to which the applicant would taunt her. He would not fulfil her demands. On 29/3/2024, the informant alongwith the victim came to her father's house. On 3/4/2024, in the night, suddenly, the victim while asleep started crying and told that she would not go to her father. He is not a good man. He troubles her. When questioned, she revealed that the applicant would kiss on her lips, legs and stomach and would also insert his fingers on her private parts. She revealed the incident quite in detail, which is recorded in the FIR.