A special court under the Protection of Children from Sexual Offences (POCSO) Act, on Wednesday, rejected the bail plea of Bandra Otters Club canteen worker in the case of alleged sexual assault on the seven-year-old son of a club member. While rejecting the bail plea, the court said that the investigation is at an early stage and the accused may tamper with evidence.
Details of case
As per the case registered with the Bandra police, on September 29 last year at the club, the complainant asked his son to go to the kitchen and place his order. He himself went to the first floor with his friends. Later, his son came crying and complained that a kitchen worker sexually assaulted him and threatened to not serve him fries if he spoke about it with anyone.
The worker, however, said he has been falsely implicated by the child’s father. “There has been a delay in lodging the report and the man has been arrested on suspicion. There are no eyewitnesses to the incident. Owing to an existing dispute between the complainant and the club, the accused has been falsely implicated,” argued his lawyer.
The plea was opposed by the prosecution as well as the complainant’s lawyer, Faiz Merchant, who contended that the accused and eyewitnesses worked together. “The incident was captured in the CCTV footage. Initially, the club owner refused to disclose the name of the accused and also refused to share the footage. This itself shows the influence of the persons where the accused works,” Merchant argued, adding that the charges of aggressive sexual assault were added only after the father’s letters.
The court observed, “Aggravated form of sexual assault is applicable against the accused. Already there are allegations about the disappearance of evidence… The chargesheet is yet to be filed. The accused, if released on bail at this initial stage, can hamper the probe.”
