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TMI Blog2019 (3) TMI 1906X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 and 11(iii) read with 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the Act'). 3. The petitioner claims to be a Psychologist. He had conducted psychological therapy to the victim girl, who is aged fourteen years. It is alleged that, during the months of May and June, 2018, while the petitioner conducted counselling sessions to the victim, he showed her video scenes with obscene contents and that he caught hold of her hand with sexual intent. It is also alleged that he gave the victim girl a stamp, depicting nude picture of a man and woman, and a letter through another girl, who was his patient. 4. The mother of the victim girl gave a complaint to the Child Welfare Committee regardin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne day, he caught hold of her hand and also made attempt to touch her breast. There is also an allegation that the petitioner sent her a stamp depicting nude photograph and also a letter through another girl. 8. The first information statement would show that when the alleged acts were committed by the petitioner, the parents of the victim girl were abroad and she was living with her grandfather. It is revealed from the first information statement that when the mother of the girl returned from abroad on 17.07.2018, the girl had told her about the acts committed by the petitioner. Inspite of such disclosure made in the month of July, 2018, by the victim girl regarding the acts committed by the petitioner, the mother gave the complaint to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for committing or abetting or attempting to commit any offence under Sections 3, 5, 7 and 9 of the Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be, unless the contrary is proved. The court shall take into consideration the presumption under Section 29 of the Act while dealing with an application for bail filed by a person who is accused of the aforesaid offences under the Act (See State of Bihar v. Rajballav Prasad : AIR 2017 SC 630). 11. However, the statutory presumption under Section 29 of the Act does not mean that the prosecution version has to be accepted as gospel truth in every case. The presumption does not mean that the court cannot take into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f anticipatory bail. It should necessarily depend on facts and circumstances of each case in consonance with the legislative intention. 12. No doubt, the Act is a landmark legislation to prevent sexual abuse and exploitation of children. The Act intends to protect the children from offences of sexual assault, sexual harassment and pornography. Dignity of the child has been laid immense emphasis in the scheme of the legislation. But, the court cannot turn a blind eye to undisputed facts in a case. The courts shall honour the spirit and intent behind the legislation and at the same time guard against misuse of its provisions. 13. In the instant case, there is no allegation against the petitioner that he actually touched any private part of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. (4) The petitioner shall not, in any manner, influence or intimidate the victim girl or the members of her family or other prosecution witnesses. He shall not in any manner contact or try to contact the victim girl or her parents till final report is filed in the case. (5) The petitioner shall surrender his passport in the jurisdictional court concerned within three days of his release on bail. If he has no passport, he shall file an affidavit to that effect before that court within that period. (6) The petitioner shall appear before the investigating officer as and when directed by him in writing to do so. (7) If the petitioner vio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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