Refusing to grant bail to a 30-year-old man in a case of rape of a five-year-old kid in which the child’s mother filed an affidavit stating that she wanted to withdraw the case, a special court said that such practices would encourage public to file such serious offences and withdraw them as per their whims and caprices, with police becoming puppets at the hands of accused and informants.
It also said that neither the informant nor the accused will have regard for the law enforcement agencies.
Special Judge under the Protection of Children from Sexual Offences (POCSO) Act Rekha N Pandhare opined that releasing the man in such a serious offence would send a wrong message to society.
Apart from the affidavit, the child’s mother had also sent her recording in a pen drive through the accused’s advocate wherein she reiterated that she wanted to withdraw the case as it was filed due to misunderstanding. The court noted that the offence is punishable up to life imprisonment and fine.
This was the second time the victim's mother had filed such an affidavit. The court said that statements as well as medical evidence show the prima-facie involvement of the accused in the commission of penetrative sexual assault upon the victim and that bail is not justifiable. The medical evidence had shown complete hymen tear as well as bite marks.
The man had claimed to be falsely implicated due to enmity and sought bail. In the complaint filed in August last year, the mother had stated that the man had touched the child inappropriately on her private parts and also sexually assaulted her. The police had recorded statements of three eye-witnesses who had seen the man touching the child’s lips.
