Mumbai: Youth booked for sexually assaulting 11-year-old disabled girl gets bail

The HC said the applicant was a young boy and the court was inclined to release him on bail, subject to the condition that till the conclusion of trial, he will not step into the building where he has rented an apartment, and also into the victim’s building.

The applicant has been prohibited from establishing contact with the victim or her mother, failing which his liberty shall be taken away, and that will happen even on a mere accusation by the complainant’s family or the complainant that is brought to the notice of the probing officer

A single judge bench of Justice Bharati H Dangre, which was hearing the applicant’s plea argued by advocate Niranjan Mundargi, noted that a “perturbing incident” is alleged to have taken place last month. The applicant was booked for offences punishable under sections 354 (outraging modesty of woman with criminal force), 354-d (stalking) of IPC and sections 8 (sexual assault including act of touching breast of child or any other part with sexual intent) and 12 (sexual harassment) of the the Protection of Children from Sexual Offences (POCSO) Act, among others.

The complainant’s mother reported that on the day of the incident, around 10 pm, her daughter was playing with her friend residing in the same building. At that time, the applicant boy, who lives in the neighbourhood, pulled her wheelchair, inappropriately touched her and sexually assaulted the girl.

The mother narrated in the FIR that her daughter was petrified by incident and disclosed it only on May 7. She said the boy had threatened her that if the victim disclosed the same to anyone, she would be killed. The court noted that this created a “trepidation” in the mother’s mind and she made necessary inquiries, wherein she got to know that the applicant had left for his village. She then mustered the courage and lodged a complaint in the local police station on May 9.

The court watched the CCTV footage from a camera installed in the building lobby and noted that it had not recorded anything beyond the victim interacting with her friend. In another footage, the applicant is seen exiting from the lift.

“The victim is a differently-abled child, suffering from spinal muscular atrophy since she was 11 months old, and is bound to a wheelchair. The alleged incident which has happened is unfortunate, if a girl with this physical and mental health is attempted to be molested,” Justice Dangre noted.

The police’s lawyer informed the court that the probe in the complaint was over and presence of the applicant for the investigation was not necessary.

“The applicant undisputedly has to face consequences of the serious accusations while he faces the trial. In the backdrop of the above, when the investigation is over, keeping in mind that the applicant is also a young boy, aged 21 years, I am inclined to release him on bail,” the judge noted and put conditions on the applicant.

The court directed the applicant to be released on bail after furnishing personal bond of Rs 50,000 with sureties. He also has to attend the police station on the second Saturday of every month till framing of charges in the case.