ARVINDBHAI MAHADEVBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) It is in connection with the First Information Report bearing Crime Register No. I-170 of 2016 registered with Prantij Police Station, Sabarkantha on 04.09.2016, against the present applicant-accused for the offence under Sections 354 - A and 144 of the Indian Penal Code, 1860, and sections 11 and 12 of the Protection of Child from Sexual Offences Act, 2012, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicant.

(3.) The complainant stated that she was studying in the 12th standard. She alleged that on a particular day, that is on 04.09.2016 at around 5.30 pm in the evening, one Mr. Pujan Zhala and other two boys accompanying him had come in front of her house. Thereafter, they went to a temple situated nearby the house of the complainant and offered prayers at the temple. The complainant stated that she could see the said persons going to the temple and offering the prayers there. The first informant further alleged that it had become routine that on every Sunday the said Pujan Zhala and his friends come to temple near her house. She alleged that Pujan Zhala was found to be standing opposite to her school as well. It was alleged that he was making indecent gestures. On one day, father and the uncle of the first complainant caught the said Pujan Zhala and his friends. The present applicant is named in the FIR.