(1.) This petition has been filed by the petitioner under Sec. 439 Cr.P.C to enlarge him on bail by setting aside the order dtd. 17/2/2022 passed in Criminal Miscellaneous (B) Case No.110 of 2021 on the file of the Special Judge (POCSO), Imphal West.
(2.) The case of the prosecution is that on 6/12/2018 at about 1.30 to 2.00 P.M., the petitioner sexually assaulted the minor victim by inserting his finger in her private part and had also licked the private part of the victim and had inserted his private part in the mouth of the victim, who is aged about 5 years. Based on the complaint lodged by the mother of the victim, a criminal case in FIR No.12(12)2018 under Sec. 4 and 8 of POCSO Act, 2012 was registered against the petitioner by TML PS.
(3.) Mr. Julius Riamei, the learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in the alleged crime. He would submit that the petitioner has been languishing in the judicial custody since his arrest on 6/12/2018. Since investigation has been completed, the custodial interrogation of the petitioner is not required anymore. Further, the petitioner shall neither abscond nor hamper or tamper the evidence and prosecution witnesses.