SHURVIR SINGH LINGWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of present criminal revision, the revisionist seeks to quash and set aside the impugned order dated 17.02.2014, passed by the Sessions Judge/ Special Judge, Tehri Garhwal constituted under 'The Protection of Children from Sexual Offences Act, 2012', (herein after referred to as 'the Act'), as also the complaint dated 15.10.2013, filed by the complainant.

(2.) A complaint was filed by the father of the victim against accused (revisionist herein) for the offences punishable under Section 7/8, 9(c) (f)/10 of the Act and Section 307 of the Indian Penal Code. The complainant was examined under section 200 Cr.P.C. The victim and her mother were also examined under Section 202 Cr.P.C. After having considered the aforesaid statements, along with the documentary evidence in the form of patient ticket, and on having found a prima facie case against the accused -revisionist, he was summoned to face the trial for the offence punishable under Section 10 of the Act. Feeling aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) IN her statement, the victim stated that on 26.09.2013, her teacher (revisionist herein) pressed her neck, touched her breast, face, lips, arms and thighs with sexual intent. There was swelling on her neck and she felt pain when her teacher did the same.