DARSHAN RAJESH PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these Applications are being decided by this common order because they arise out of the same C.R. No.207/2020 registered at Sir J.J. Marg Police Station, Mumbai on 7.10.2020 under Sections 377 & 506 read with Section 34 of Indian Penal Code and under Sections 4 , 6 & 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act').

(2.) Heard Ms. Sana Raees Khan, learned Counsel for the Applicant in ABA(St) NO.4674/2020, Ms. Ashwini Sawant, learned Counsel for the Applicants in BA(St) No.4967/2020 & BA(St) No.4969/2020, Shri Amit Palkar, learned APP for the State and Shri Madan Gupta, learned Counsel for the first informant.

(3.) The FIR is lodged on 7.10.2020 by the mother of two victim boys. The victims were aged 6 years and 5 years. It is her case in the FIR that she, her sons and other relatives had gone to her native place in Uttar Pradesh on 15.7.2020 during the period of lockdown. After 5 to 6 days of going there, her sons told her that both of them were sexually harassed by the Applicants and others. She has given description of the actual incident. Without going into too many details of the narration in the FIR, suffice it to observe that the alleged acts of the accused persons fall within the meaning of penetrative sexual assault as defined under Section 3 of the POCSO Act and also under Section 377 of IPC. Both the victims in their statements concurred with each other on these allegations. The FIR mentions that the informant remembered that in March, 2020 both her sons had swelling on their private parts, but that time she had not paid much attention. The informant returned to Mumbai on 24.9.2020 with her sons. It is her case that on her return, she and her sons were not well and, therefore, after discussing the matter with her husband, she lodged her complaint with the police on 7.10.2020. On this basis, the FIR is lodged.