THOKCHOM SURAJ SINGH Vs. OFFICER-IN-CHARGE, LAMPHEL POLICE STATION

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 439 Cr.P.C to enlarge him on bail in connection with the Special Trial (POCSO) Case No3/20/10 of 2020 pending on the file of the Fast Track Special Court No 1, Manipur.

(2.) The case of the prosecution is that on 3/10/2019 at about 3.00 a.m., the petitioner, who was working as an ECG technician in RIMS hospital, sexually assaulted the victim aged about 13 years inside the ECG room during ECG examination of the victim by locking the door from inside while the mother of the victim was kept waiting outside the ECG room. Based on the complaint lodged by the mother of the victim, the respondent police registered an FIR bearing No.188(10)2019 under Ss. 6/7 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act against the petitioner.

(3.) Mr. Th. Jugindro, the learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in the alleged crime. He would submit that before submitting the charge sheet in connection with the aforesaid FIR, he had co-operated the investigating officer. Since charge sheet has been filed and the trial is about to begin, there is no question of hamper or tamper with any prosecution evidence or terrorize the witnesses after the petitioner is released on bail.