High Bombay Court gives bail to the accused mother of sexually assaulted his own child

The High Court of Bombay gave bail a 28-year-old mother, accused of serious abuse and sexually assaulted her five-year-old son, noting that no mother will beat her child, so How is it assumed in this case. The Court also mentioned procedural laps in arresting it and the absence of conclusive medical evidence that support accusations of sexual aggression.

The woman was arrested in Mumbai in accordance with several sections of the Indian Criminal Code, the law on child protection against sexual crimes (POCSO) and the law on justice for minors.

The criminal prosecution claimed that the woman and her living partner have tortured and abused the child, causing serious injuries, including internal bleeding, fractures and malnutrition.

The case was submitted by the woman’s alienated husband. The couple has been married in 2017, and the child was born in 2018. The husband claimed that every time the couple was fighting in 2019, the woman will get her child’s frustration.

However, Bench of Justice Milind Jadhav said: “The first facie, this statement is unbelievable on the face of the registration, because it is not subsulated. No mother can think of beating a one -year -old child, as she is supposed. “

The court has acknowledged that the boy’s medical reports indicate that they suffer from epilepsy, experience regular seizures and is undernourished and anemic. He also stressed that various medical documents show that the accused mother has made efforts to provide care and support for the child.

The father claimed that when the couple decided to divorce, the woman left the family in their native place and moved to Mumbai. There, he was supposed to meet another man, started living with him and started working like a house house. The man is also an accused in this case.

In 2023, the husband’s mother called the woman and asked him to take the child, as the husband could not take care of him. She complied and took the child’s custody. However, shortly after, the husband filed a file under the act Pocso against the woman and her partner.

According to the criminal prosecution, the boy was in good health when the woman took her from her father’s custody. However, in a few months, he suffered serious injuries, including subdural bleeding, seizures and a fractured clavicle. The medical reports at Wadia Hospital have also noticed a bruising and an anal crack, raising suspicions of sexual abuse.

However, the woman’s lawyer, Prashant Pandey, claimed that the criminal prosecution exaggerated the charges. He stressed that the woman took the child to several hospitals for treatment, demonstrating that she did everything possible to provide the best medical care in her financial means. He also claimed that there is no evidence to justify accusations of prolonged abuse of children or sexual assault, nor to prove the complicity of the woman.

The court mentioned that the arrest of the woman violated the legal procedures, because it was not informed about her rights. Jadhav justice also found a merit in the argument that accusations of late sexual abuse were introduced, raising concerns about the credibility of the case.

“There is nothing but what is declared. There are no notes to examine any sexual abuse of children who have been recorded. And thus the bank concluded that” only on the basis of observing the anal scars or the anal fissure present near the anal without Fundamentation by an adequate report, rather an adequate medical report cannot be understood the first one to be a case of sexual abuse on children. “

Also, the bank mentioned that, from all the hospitals, the woman took the child, only one, the report of Wadia Hospital, said that “the possibility of sexual aggression cannot be excluded”