OVERVIEW
A special Court at Mumbai dealing with Protection of Children Sexual Offences act (POCSO Act) cases relied on the testimony of the five-year-old victim and rejected the bail plea of the accused alleged to have committed aggravated sexual assault.
Bharti Kale, the Special Judge under POCSO Act observed that the victim stated that the applicant touched her body and she felt that it was a bad touch.
The man has been booked under Section 354 of Indian Penal Code (IPC) and relevant provisions of the POCSO Act.
WHAT IS THE CASE ABOUT?
The accused notified the Court that he was a distant relative of the family of the victim and the families used to keep visiting each other.
Bail was sought on the grounds that the investigation was complete and a charge sheet was also filed. The accused was also inclined to observe all conditions imposed by the court.
The accused also argued that he had never committed the offence as the victim visited his house regularly and his touch cannot be called a ‘bad touch’.
The bail application was opposed by the prosecution on the grounds that offences done by the accused were serious and if he is released on bail, he may try to threaten the witnesses.
WHAT IS HAPPENING NOW?
After hearing all the arguments, the court noted that the applicant is not entitled to bail.
The court while deciding this observed that even though the victim is a child, she is aware of good touch or bad touch.
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