V Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Petitioner has preferred an application under sec. 438 Cr.P.C. read with Sec. 482/483 Cr.P.C. for grant of anticipatory bail in FIR No. 619/2021 dtd. 24/12/2021, under Sec. 377 IPC and Sec. 6 of POCSO Act registered at P.S. Janakpuri, New Delhi. During the course of investigation, Sec. 376AB IPC has also been invoked in the proceedings.

(2.) In brief, as per the case of the prosecution, on 23/12/2021, PCR call vide DD no. 67A was received at PS Janakpuri, New Delhi wherein it was recorded "caller lady ke husband aur saas maarpeet kar rahe hain aur inki beti ke saath bhi galat kam karne kii koshish ki hain ". The call was marked to SI Rohtash who reached the spot, wherein it was revealed that complainant along with her daughter had gone to P.S. Janakpuri. The complainant (wife of the petitioner) alongwith her daughter aged 5 years (victim) reached the police station and filed a written complaint against the petitioner alleging that her husband had touched his penis with her daughter 's vagina and had asked her daughter to taste his penis. It is further the case of the complainant that petitioner forcefully made the victim taste his penis but victim did not like the taste of the penis. By aforesaid time, complainant reached, on which the petitioner started fighting with the complainant. Further, the petitioner threatened the victim not to disclose the incident to the complainant. The complainant also alleged that the incident took place on 21st , 22nd and 23/12/2021.

(3.) The medical examination of the victim was conducted on the night intervening 23rd/24/12/2021 and the present FIR was accordingly registered.