- (1.)The Petitioner has approached this Court for grant of regular bail in FIR No.130/2020 dtd. 21/6/2020, registered at Police Station I.P. Estate for offences punishable under Ss. 377/224 of IPC and Sec. 6 of the POCSO Act.
(2.)The facts of the case reveal that the present FIR was registered on the complaint of the father of the victim who, at the relevant point of time, was 9 years of age. It is stated by the father of the victim that he was working as waiter in Bismillah Hotel. It is stated that he was staying in the said hotel along with the victim. It is stated that on 21/6/2020, he and his son (victim) both were sleeping on the roof of the hotel. It is stated that due to rain at about 04 - 04:30 AM both the father and the victim came down the stairs. It is stated that the father made the victim sleep in a room on the first floor of the hotel where the Petitioner/Accused, who is the owner of the hotel, was sleeping and the he himself went to the ground floor to sleep. It is stated that at about 09:00 AM in the morning when he got up, his son i.e., the victim told him that the Petitioner has committed penetrative sexual assault on him. It is sated that on hearing his son, the father/complainant called the police and then took his son to Kalawati Hostital where the victim was treated. MLC of the victim was conducted vide MLC No.102/20 and, thereafter, the present FIR No.130/2020 for offences punishable under Ss. 377/224 of IPC and Sec. 6 of the POCSO Act was registered against the Petitioner.
(3.)The Petitioner was arrested on 21/6/2020. Chargesheet has been filed and trial has commenced. The victim and the Doctor have been examined.