S.C. NARANG Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of a very unfortunate incident. A four year old child was studying in the nursery class at Maxfort School, Dwarka, New Delhi. The alleged incident occurred on 17/11/2017. The girl child complained of pain in her private parts, and upon enquiry from the child, it was learnt that one of her classmates had allegedly sexually assaulted her.

(3.) We may note here that since the prime accused was less than 7 years of age, the police filed a charge-sheet only under Sec. 21 of the POCSO Act read with Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short "the JJ Act"). The charge sheet was filed against four persons: the Principal of the School, two teachers, and the Vice- Chairman/officiating Chairman of the Managing Committee, which runs the school. The present appellant is the Chairman of the Managing Committee. On the basis of the second protest petition, the learned Special Judge issued a summons to the appellant. The present appellant challenged the order by filing a Revision Application, which was dismissed by the High Court by the impugned order.