ITANAGAR, 2 Jul: The family of the eight-year-old child who was sexually assaulted has moved the high court against granting of bail to alleged accused Lukbi Bojir, a day after he was given bail by the district & sessions court in Bomdila (West Kameng).
The high court has listed the case after three weeks and has sought the case dairy of the Seijosa police station (No 04/2021). It has issued a notice to the respondents, which includes the state of Arunachal.
The Bomdila court granted bail to Bojir as the court found that a domestic help at Bojir’s home admitted to have committed the crime.
The court further pointed out the failure of the police in submitting the required recent documents.
The judgment by Judge Tageng Padoh read, “I find that the charges of sexual offence under the POCSO and Section 376 IPC, it seems that the juvenile has committed the offence and the prosecution has failed in making the case against the accused Lukbi Bojir at this stage as the statement of the victim is yet to be recorded. As such, the presumption u/s 29 of the act cannot be held against the present accused without having certain minimum incriminating facts against the accused. The principle of presumption must be done basing on certain facts but not on imaginary.
The anticipatory bail appeal was rejected by this court on 14.06.2021, mostly relying upon the medical evidence of sexual assault against the victim. The IO has failed to communicate with the attending doctor about the status of the victim to give statement at this stage or not, but he has relied on the old certificate issued by the attending doctor. As such, it is seen that the IO has not put an effort to obtain recent status of the victim and endeavoured to record the statement of the victim.
“It is also observed that in the previous CD and present objection bail petition, the prosecution has not shown any documents to attract a prima facie case u/s 326 IPC although charges have been registered under Section 326 IPC,” the order read.
Bojir had been arrested on 17 June and was remanded to judicial custody in Seppa (East Kameng). Earlier, on 14 June, the court had rejected his anticipatory bail plea.
The police department, which has been under the scanner for delaying the arrest of the main accused, said that the observation of the court is being analyzed by the police. Further action will be taken accordingly, said the police spokesperson.
He further said that “the MLC of the victim was already submitted, which opined grievous hurt.”