Mumbai, Jul 13 A special court under Protection of Children from Sexual Offences (POCSO) Act on Monday refused bail to a senior police officer accused of outraging the modesty of a nine-year-old girl.
The accused, being a high ranking officer, was not just "having knowledge about the offence, but the implications thereof", the court said. The accused is an assistant commissioner of police (ACP) attached to the Technical Department.
The complicity of the accused can be gathered from documents placed on record and therefore the apprehension of the prosecution that he might tamper with the witnesses seems genuine, special Judge A S Wairagade said.
According to the FIR registered at Worli police station by the victim's mother, the incident occurred on April 23 when the 9-year-old girl was out playing with her siblings.
A case was registered under Bharatiya Nyaya Sanhita sections 74 (assault or criminal force to outrage modesty) and 79 (word, gesture, or act intended to insult modesty) as well as relevant provisions of POCSO Act. The ACP was held on April 24 and has been in custody for nearly three months.
The defence argued that the officer was innocent and had been been falsely implicated in the crime. The defence also said there was no need for further custody as the chargesheet had been filed.
The defence submitted that the accused is a permanent resident of Nagpur with no criminal antecedents, is the sole earner for his family, and is on the verge of retirement.
The prosecution argued that the accused, as a high-ranking police officer, can take advantage of his position to manipulate the system and pressure prosecution witnesses, particularly because the victim and her family reside in the same locality.
The court, after hearing both sides, concluded it would not be proper to release the accused.
Judge Wairagade said the 9-year-old victim had no reason to falsely implicate the accused. The court also noted that the prompt lodging of the report further ruled out false implication.
