An Assam-based Padma awardee has been booked under the Protection of Children from Sexual Offences (POCSO) Act for allegedly raping a minor while she was under his foster care.
A complaint in the matter was filed by the Chief Judicial Magistrate who was briefed by the District Legal Services Authority (DSLA) on December 17. The Assam Police registered an FIR against the man the very next day, invoking sections of the Indian Penal Code and the POCSO Act. “We cannot comment on it since it’s sub judice, but the investigation is on,” a police officer investigating the case told The Indian Express.
As soon as the FIR was registered the accused moved to the Gauhati High Court, seeking pre-arrest bail. However, on December 28, he was granted interim bail, and the court called for the case diary on January 7.
Justice Arun Dev Choudhury in the order stated that the offence alleged was “serious in nature”. However, interim bail was granted to the accused. Noting that the FIR did not disclose any specific statement of the survivor, the court said an interim order would be passed in the “interest of justice”. It asked the petitioner to appear before the police within 7 days.
As reported by The Indian Express, a police officer said the accused had appeared before them and his statement had been recorded. As mentioned in the FIR, the survivor an inmate of a children’s home, was allegedly sexually assaulted for a year by her foster father while she was under his care.
DLSA secretary Bichitra Dutta told IE that based on their preliminary findings on the statement from the victim, other witnesses as well as the CWC’s account, the victim was repeatedly subjected to rape for over a year. “Findings of medical examination, conducted as part of the enquiry, also prima facie support the allegations,” she added.
However, currently, the survivor is in a children’s home, under special police protection. According to the FIR, the victim was placed under the foster care of the accused for a period of one year (in August 2020) with the condition that it would have to be renewed. As per the FIR, the accused did not renew the child’s foster care deed nor did he place the child before the CWC when the year was up despite multiple reminders from the CWC.
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