Mumbai: A special court in Dindoshi designated under the Protection of Children from Sexual Offences (POCSO) Act last week denied bail to a 22-year-old. The man was accused by his sister-in-law of raping her six-year-old daughter - his niece.
Appearing as an intervener in the case, the mother, who is the informant in the police complaint, had made an affidavit in support of her brother-in-law's bail plea. The man’s advocate had relied on this affidavit while arguing for his bail.
As per the complaint filed by the mother at Andheri police station, her daughter had been complaining of stomach pain since the three days. She had taken the child to the doctor too, but she continued to experience pain. When she asked the six-year-old whether she had fallen down or someone had assaulted her, her younger daughter aged four years told her that her sibling had been taken upstairs by their uncle. Thereafter, the complaint had come to be lodged.
The man’s advocate had told the court that he had been falsely implicated and that the complaint was a “wild imagination” of the mother. He also contended that there was a property dispute behind the complaint.
In her order, special judge under the POCSO Act AD Deo said that perusal of the medical examination report of the victim shows that her hymen is partially ruptured. She said she is of the considered opinion that the accused being brother-in-law of the informant, filing of the affidavit by the mother shows that prosecution witnesses are being tampered.
Judge Deo said further that considering the prima-facie involvement of the accused in the heinous nature of offence, she does not find it a fit case for consideration of bail.