NONGTHOMBAM RAMESH SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 439 Cr PC to enlarge him on bail in connection with the Special Trial (POCSO) Case No. 1/2020/29/2020 pending on the file of the Fast Track Special Court No I, Manipur.

(2.) The case of the prosecution is that on 9.2.2019 at about 1.00 p.m., the petitioner sexually assaulted a minor girl aged about 9 years Inside his cycle repairing shop. A complaint was lodged by the mother of the victim girl on the same day before the Women Police Station, Imphal West and the police registered the case in FIR No 32(7)2019 under Section 4 of the Protection of Children from Sexual Offences Act, 2012 After completion of the investigation, charge sheet for commission of the offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") was filed against the petitioner.

(3.) The learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in the alleged crime. Further, the petitioner is an aged person and suffering from several problems with stomach and pain abdomen and he has been diagnosing since from the long period. He would submit that in fact the Doctor who treated him in the jail recommended treatment from a well equipped hospital outside the jail.