Mumbai: There is no need of medical reports and the statement of victim will suffice to substantiate sexual abuse charges, the Bombay high court has ruled. Rejecting the bail application of a 19-year-old youth, who is accused of performing unnatural sex on a 10-year-old boy, the court observed that there is “no need to believe medical reports. The statements of the victim and his mother are enough to prove the crime.”
A single judge bench of Justice Revati Mohite-Dere was hearing the bail application of Pawan Rathod, a resident of Kalyan. According to prosecution on November 28, 2016, between 5 and 5.30 pm, Rathod had called the alleged victim, who resides in the same locality, to his house. Rathod then asked the boy to play on his mobile phone and thereafter, forcibly took him to the kitchen and forced himself upon the victim.
The alleged victim in his statement stated that because of the said act, he started weeping and was unable to pass stools and was bleeding from his anus. The boy immediately informed his mother, following which a police complaint was lodged.
The applicant while seeking bail relied on the medical certificate of the alleged victim, which shows “no semen was detected” and claimed that no unnatural sex had happened. The applicant further argued that as investigation has been completed and chargesheet has been filed, no more custodial interrogation is required and bail has to be granted to the accused.
The court found that there is nothing on record to show that the applicant has been falsely implicated in the case....