JAMALUDDIN ALLAUDDIN QURESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application under Sec. 439 of the Criminal Procedure Code, the applicant has invoked the jurisdiction of this Court to enlarge him on bail in respect of Crime No. 368 of 2019 punishable under Sec. 354 of the Indian Penal Code and Ss. 8 and 12 of the Protection of Children from Sexual Offence Act (POCSO Act) registered at Oshiwara Police Station, Mumbai. The applicant has been in custody since 30/9/2019.

(2.) Briefly stated the facts are :-

(3.) In the intervening night on 18 th September, 2019 and 19/9/2019, the applicant had trespassed into the house of the victim in the midnight and allegedly outraged her modesty by touching her posterior body when the victim and her two siblings were sleeping at the ground floor. Their parents were on the first floor. When the victim asked as to who he was, it is stated that he escaped from the spot. The applicant's description has been stated by the victim and her mother before the Investigating Officer.