DULCY STANTON MARTIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.25 of 2021 registered with Police Station Mahatma Gandhi Chowk, Sangli, for offences punishable under Ss. 323, 324 read with 34 of the Indian Penal Code (IPC), under Ss. 7, 8, 9(m), 10, 11(1)(2), 12 and17 of the Protection of Children from Sexual Offences Act (POCSO Act) and under Sec. 75 of Juvenile Justice (Care and Protection of Children) Act.

(2.) The informant is minor victim. His natural mother died on 3rd November 2015. His father thereafter performed second marriage with the present applicant. Thus, present applicant is his step mother. Since the victim's father is serving at Dubai, the victim used to reside along with his grandparents along with the applicant.

(3.) The prosecution alleges that the applicant used to ask the victim to call her as his mother and used to beat him on that count and was also not allowing to talk with his grandparents. It is further alleged that he was not given proper food and the applicant used to allege that the victim was in habit of watching obscene films on laptop and used to assault him from time to time. One Shahrukh who used to provide non-vegeterian food also used to say that whether he could take the victim inside the room and it is alleged that he used to force himself on the person of the victim after attempting to remove his clothes. It is further alleged that the applicant once had even applied cello tape on the private part of victim and also green chilly. On all these counts, the informant lodged the report.