A leading law firm has terminated one of its partners after he was booked under the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') for allegedly sexually assaulting his six-year-old daughter. The development comes even as a Special POCSO Court in Mumbai had earlier granted the lawyer anticipatory bail, holding that the investigation could continue without requiring custodial interrogation. The case has triggered serious concern within legal circles, given the gravity of the allegations and the accused’s position as a senior legal professional.
The controversy began after the child’s mother lodged an FIR accusing her husband of repeatedly sexually abusing their daughter whenever she was alone with him. The complaint, registered in February under provisions of the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act, alleged inappropriate touching and other acts of sexual misconduct involving the minor child. Opposing the anticipatory bail plea, the mother argued that the accused could misuse his influence as a practising lawyer to interfere with the investigation and intimidate witnesses. She further alleged that police action was initiated only after intervention by the National Commission for Women and claimed to have recovered a pen drive allegedly containing explicit recordings linked to her husband. According to the FIR, the discovery ultimately prompted her decision to separate from him.
While granting anticipatory bail on March 16, the Special POCSO Court observed that the investigating agency had not sought custodial interrogation and had already been conducting the investigation through notices issued to the accused. The Court noted that any medical examination could also be conducted without arrest and clarified that matrimonial disputes between the spouses would be examined during trial and not at the stage of anticipatory bail. The Court consequently protected the accused from arrest, subject to strict conditions restraining him from contacting the victim, influencing witnesses, or leaving the country without prior permission. Meanwhile, an appeal challenging the bail order is expected to be heard before the Bombay High Court shortly.
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