PRATEEK BHATT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned Additional Public Prosecutor for the State and learned counsel for the complainant. Perused the charge-sheet.

(2.) Applicant seeks his enlargement on bail in connection with the Investigation in First Information Report No. 3390 of 2020 registered with Vishrantwadi Police Station, Pune for the offence punishable under Sec. 377 of the Indian Penal Code, 1860 ('IPC' for short) and Sec. 3, 4, 5(l)(m), 7, 8, 11(ii) of the Protection of Children From Sexual Offences Act, 2012 ('POCSO' for short).

(3.) Victim herein was 11 year old, son of the complainant. Complainant is 42 year old divorcee. In 2016, her first marriage was dissolved. A son and daughter were born from first marriage. Applicant and complainant were working in one company. Her friendship and companionship with applicant since, 2016 gradually blossomed. Whereafter since 2018, complainant and the applicant began their live-in relationship. Both were living in the society at Lohgaon at rental flat with two children of the complainant. Over a period of time, their relationship soured. Complainant alleged on 31/7/2020, applicant abused her under the influence of liquor. Whereafter, applicant allegedly abandoned complainant and started residing in another flat at, Pathare Vasti, Lohgaon. Over a period of time, their differences were patched up to some extent. Thereafter, Complainant permitted her son (victim) to stay with the applicant on 15/8/2020 for two days. Later, she sent her son to the applicant on 6/9/2020. Complainant in a statement under Sec. 164(5) of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), alleged that after September, 2020, she had noticed, perceptible change in behaviour of son. She, observed, he was averse and hesitant to go to applicant's house and was dejected. Rather, he was avoiding him. Complainant when inquired as to why he was avoiding to meet the applicant, son allegedly told her that he was subjected to penetrative sexual assault by the applicant on the pretext of giving massage to him. She reported the incident of sexual assault to the police. Whereafter crime in question came to be registered on 23/9/2020 for the offences stated above.