Delhi High Court Grants Anticipatory Bail To Woman Booked U/S 377 IPC, POCSO Act For Alleged Sexual Assault On 6-Yr Old Boy

The Delhi High Court recently granted Anticipatory Bail to a woman who has been accused of sexually assaulting a 6 year old boy and thus, she was booked under Section 377 IPC and Section 6 of the POCSO Act.

The Bench of Justice Rajnish Bhatnagar granted her the bail noting that she has already joined the investigation and nothing remains to be recovered from her and so, no custodial interrogation is required.

The facts in brief

A case under the aforesaid offences got registered against the bail applicant on the complaint of the mother of the Victim boy alleging that she used to visit her home and always tried to come close to her son (Victim K. Aged 6 Years) and she sexually assaulted her child.

The Complainant-Mother further alleged that the petitioner did all this with the child while he was in his father's custody (complainant's estranged husband), with whom, she has a sexual relationship and allegedly with the help and permission of the child's father, the petitioner used to sexually assault her child.

It was submitted by the APP for the state that the petitioner was the main accused and the offence was grave and serious in nature

Court's observations

At the outset, the Court noted that the child had been medically examined during the investigation process and a statement had been recorded where he corroborated the contents of the complaint and stated that this all had been happening to him since he was 3 years old (now he is 6 year old).

Importantly, the Court also noted that the documents which came from the custody of the complainant were not found to be genuine documents in regard to the injury allegedly given to the child by the petitioner. The Court also took into account the statement of medical examination which stated that nothing abnormal was found in the medical of the child.

To this, the Court said:

"The complainant is well-advised not to engage herself in such type of endeavours in future and at this stage, I am not taking any harsh view against the complainant for preparing such medical records...So all the medical documents produced on record by the complainant does not support the theory of the complainant"

The Court also noted that the co-accused (estranged husband of the complainant and father of the victim) had already been admitted to anticipatory bail.

Consequently, the Court granted her the benefit of pre-arrest bail directing her not to meet the child till the recording of the statement of the child and not to visit the place of the complainant and keep herself 3 KM away from the residence of the complainant.

It was thus ordered that, in case of arrest, the applicant/petitioner be released on bail on her furnishing personal bond in the sum of Rs. 50,000/- along with one surety of the like amount to the satisfaction of concerned SHO.