R. HENRY PAUL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition has been filed to direct the Sessions Judge Special Court for Exclusive Trial under POCSO Act, Chennai, to receive the application filed under Sec. 167(2) of Cr.P.C., in Crl.M.P.SR.No.337 of 2021 and entertain the same and release the petitioner on default bail in Crime No.6 of 2021 on the file of the respondent Police.

(2.) The petitioner/A2 in Crime No.6 of 2021, which was registered for the offence under Ss. 10 r/w 9(1) (m) (n) and Sec. 17 of POCSO Act and Sec. 506(ii) of IPC based on the complaint dtd. 12/4/2021. The petitioner was arrested on 23/4/2021 and remanded to Judicial Custody on 24/4/2021.

(3.) The gist of the complaint is that the defacto complainant is a singer by profession and the victim girl is her daughter. Due to her professional requirement, she left her daughter under the care and custody of her sister/A4 from the age of 6 years. While the victim girl was under the care and custody of A4, she was subjected to sexual assault and harassment by A1, who is A4's husband, A2/the petitioner herein, a Pastor in a Church, and A3, relative of A1. The victim was subjected to harassment till the age of 15 years. But A4, the maternal aunt of the victim girl, was a silent spectator. During January 2020, the victim girl unable to bear the sexual assault and harassment informed her mother defacto complainant through neighbour's mobile. Immediately, defacto complainant, the mother of the victim girl, took the victim girl with her. During her stay with her mother, the victim was found uneasy. When she was examined by a psychologist, the victim girl narrated the sexual assault committed on her from the age of six. Based on which, the mother of the victim girl lodged a complaint and a case was registered against the petitioner and 3 others. The petitioner was arrested on 23/4/2021 and remanded on 24/4/2021.