CHATURBHUJ RAJVANSHI MAHTO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail through Jail. Mr. Feroz Ansari is appointed to espouse the case of the applicant. The Applicant was arrested on 30/10/2016 on the allegations of commission of offence punishable under section 376(2)(1) of the I.P.C. and under sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act (for short 'POCSO').

(2.) I have heard Mr. Feroz Ansari, learned counsel for the applicant and Mrs. Mulekar, learned APP for the State.

(3.) The case of the prosecution is that, on 30/10/2016 at about 11.00 p.m. parents of the victim girl went in the locality to bring her back as she had gone out to see Diwali fireworks. The parents saw that the victim was crying. She was brought home. She pointed towards her private parts. She told them that she was having pain. On examination, victim girl's mother found bleeding injury there. She asked further questions to the victim. At that time the victim narrated about the rape committed by the applicant. The victim was only 4 years 6 months of age. The parents confronted the applicant. He was apprehended with the help of neibhours. On this basis the F.I.R. was registered on 31/10/2016 in the midnight at about 1:05 a.m. The applicant was handed over in the custody of police. The investigation was carried out and the charge-sheet was filed.