JAYESH SANJAY SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is facing trial in Special (POCSO) Case No.166 of 2017 pending on the file of learned Sessions Judge, Greater Bombay. The said case arises from Crime No. 445 of 2016 registered with Kurar Police Station, Mumbai, for the offences punishable under Ss. 323, 341, 363, 377, 504, 506(2) r/w 34 of the IPC and Ss. 4, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) The subject FIR dtd. 26/12/2016 was lodged by the paternal aunt of the victim, a young boy of 12 years of age, who had been a victim of sexual abuse. The victim informed the First Informant that while he was returning home, the Applicant -Jayesh and his five friends took him to a stationary tempo stating that they would give him a 'chocobar'. When he cried for help, they assaulted and threatened him with a knife. The victim disclosed that the Applicant put his penis in his mouth in presence of others, who threatened him not to disclose the incident to anyone.

(3.) The Applicant, who has been arrested in the said crime has filed this application for bail under Sec. 439 of the Cr.P.C. On the last date, in the course of the hearing, learned counsel for the Applicant had brought to my notice that the statement of the victim, under Sec. 161 or 164 of the Cr.P.C . does not form part of the charge-sheet. Learned APP, under instructions had stated that the Investigating Officer had not recorded the statement of the child-victim. Hence, the Investigating Officer was directed to file an affidavit giving explanation for not recording the statement of the victim in such a serious offence.