SHIVASANKAR BABA Vs. STATE

JUDGEMENT

(1.) The petitioner, was arrested and remanded to judicial custody in Crime No.4 of 2021, on the file of the respondent police on 11/2/2022 for the alleged offences punishable under Ss. 376, 366-A, 506(I) IPC and 5(f) read with 6 of the POCSO Act, Sec. 5(l) read with 6 of POCSO Act, Sec. 9(l) read with Sec. 10 of POCSO Act and Sec. 6 read with Sec. 17 of the Protection of Children from Sexual Offences Act, 2012.

(2.) It is a case of sexual harassment of minor girl alleged to have happened between 2013 and 2015. The de facto complainant has narrated in her complaint how this petitioner and others have sexually exploited her including aggravated penetrative sexual assault committed on her while she was and in-mate in the hostel run by the first petitioner. From the complaint this Court finds that the de facto complainant had left the hostel of the first petitioner in the year 2015 and continued to pursued her higher studies else where and got employment in a IT company. While so, in the month of December 2021 she has given a complaint against the petitioner and other accused making allegation of sexual harassment and aggravated penetrative sexual assault while she was minor girl and staying in the school hostel run by the petitioner. The reason for the delay as stated in the FIR is that she fearing the influence of the first petitioner and disgrace did not disclose the matter to the outer world. Later when she came to know that first petitioner was arrested by CBCID, she got the courage to give this complaint on 13/12/2021 narrating the sexual harassment and assault incidents occurred 7 to 8 years ago.

(3.) The learned counsel appearing for the petitioner stated that the petitioner was arrested on 16/6/2021 in Crime No. 1 of 2021 and subsequently at the interval of one month regularly one case was registered against this petitioner and he was shown formal arrest in each case much later after registering the complaint with an ulterior design. As of today, against this petitioner there are 8 cases of similar nature pending and the present case is the 8th case which was registered on 15/12/2021 and the petitioner was formally shown arrest on 8/2/2022. Except in one case in none other case the respondent has filed final report for the petitioner in 4 cases statutory bail was granted and in 2 cases the Court below has granted regular, one case were final report filed, the Hon'ble Supreme Court of India after considered all the cases foisted against this petitioner by the prosecution, has granted bail vide order dtd. 8/4/2022.