Thane, Dec 15: A woman facing a serious charge of alleged sexual assault levelled by her 10-year-old biological son has been granted bail by the special Prevention of Children Against Sexual Offences (POCSO) Court, Thane.
The bail was granted on the grounds that the investigation was complete and the chargesheet had been filed. Also, since there is pendency of several cases, the court said there was no reason to keep the accused behind bars. There are three other accused in the case.
Accused Denies Allegations, Cites Matrimonial Dispute
The woman has refuted the allegations, claiming that her estranged husband was caught having an alleged extra-marital affair and that the entire story of the alleged sexual assault of her child was concocted by him to defame her.
Court Notes Risk of Tampering, Imposes Conditions
The court, in its order, acknowledged that tampering with evidence cannot be ruled out but stated that this concern would be addressed by imposing stringent conditions on the accused to prevent such actions.
Strict Bail Conditions Imposed
The order copy specifies that the accused must strictly not, directly or indirectly, make any inducement, threat, or promise to the victim, witnesses, or any other person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court.
“The accused are restricted from repeating the offence or committing any other offence and are asked to regularly attend the court’s proceedings and trial and be represented by a duly instructed legal practitioner,” the conditions of the order copy say.
Case Registered After Child Sought Help
The disturbing case was filed with the Vartak Nagar police station, in which the boy alleged that his biological mother had sexually assaulted him earlier this year. The serious matter came to light after the child, on his own, sought help from a child helpline (1098) in August, asking to be rescued from his mother’s custody.
Police Arrest Mother and Three Others
The child helpline accordingly alerted the local police, who subsequently arrested the accused mother and three other men for the alleged sexual assault of the 10-year-old.
Court Observations in Bail Order
The court’s order, passed on December 10 and made available recently, stated, “The offence is ex facie not punishable with death or life imprisonment. The accused are not hardcore criminals, as there are no criminal antecedents reported against them by the investigating agency."
The woman is the natural mother of the victim, whereas the second accused is her maternal uncle. Ex facie, there are matrimonial disputes pending between the estranged couple. Meanwhile, in this background, the possibility of tampering definitely cannot be ruled out.
Trial Likely to Take Time, Says Court
“However, considering the pros and cons of the application, there is no point in detaining the accused further behind bars, as there is no further requirement of any custodial interrogation from them, and the apprehension expressed can be taken care of by imposing stringent terms and conditions. The trial is likely to take its own pace and time in view of the pendency of other older cases. Therefore, the bail application is allowed by adding stringent conditions against the accused.”
Background of the Allegations
The prosecution’s case dates back to January 2025, when the accused woman was living separately from her estranged husband, the boy’s biological father, amid a difficult marriage.
As per the documents, the boy called his father and informed him that some unknown men had been visiting their place and had allegedly assaulted him physically and sexually. The child also alleged that the men forced him to drink an alcoholic beverage. He claimed that his biological mother offered no opposition while he was being abused.
Helpline Call Led to FIR
A few days later, on July 30, the child called the child helpline number 1098, seeking rescue from his mother’s custody. During the call, the child informed the operator that he had been sexually assaulted by his own mother and had been warned of consequences if he told anyone about the act. The father of the child was then alerted to the abuse.
“The helpline then contacted the father, brought the victim to him, and an FIR was subsequently registered,” the order copy reads.
The child’s father took the boy from his estranged wife’s custody and approached the Vartak Nagar police station with the helpline operator, where an FIR was registered against his wife and three other men for the alleged charges.
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The wife has refuted the allegations, claiming that her estranged husband was caught having an alleged extra-marital affair and that the entire story of the alleged sexual assault of her child was concocted by him to defame her.
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