HC grants pre-arrest bail to woman accused of sexually assaulting minor boy

The court also directed her not to leave the country till the pendency of the case and she should not meet the child till the recording of his statement.Further, it said that the accused would not visit the mothers house or the childs school and day care.

The Delhi High Court has granted anticipatory bail to a woman accused of sexually assaulting a minor boy saying she already joined the investigation and her custodial interrogation was not required.

A case was registered against her under the POCSO Act on the complaint of the minor's mother who had alleged that the accused woman visited her home on several occasions and sexually assaulted her child when he was in his father's custody.

Justice Rajnish Bhatnagar granted relief to the woman, an assistant professor, after finding that the medical documents given by the mother to show the injury suffered by her son on account of the assault were not genuine. The judge opined that certain medical documents produced on record by the mother did not support her theory and had “interpolation and addition of words”.

The court also cautioned the mother against engaging herself in “such type of endeavors in future”.

The accused sought anticipatory bail on the ground that the complaint was made by the mother to take revenge and that the child's father had already filed a divorce petition in the year 2019.

The court considered that the accused had already joined the investigation and no custodial interrogation was required.

It also noted that the father with whom the accused was allegedly in a relationship and was stated to be the abettor was on bail and there was no evidence or complaint with regards to the threatening of witnesses.

“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,” the court ordered and directed her to keep herself three km away from the residence of the mother. The court also directed her not to leave the country till the pendency of the case and she should not meet the child till the recording of his statement.

Further, it said that the accused would not visit the mother's house or the child's school and daycare. In her complaint, the mother claimed that her husband and the accused were colleagues and allegedly shared a relationship.

The FIR was registered against the accused of the alleged commission of offenses under Section 377 IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.

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