SUNILKUMAR VIRJIBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Is An Application Under Section439 Of The Code Of Criminal Procedure, 1973, at the instance of an accused seeking regular bail in connection with the F.I.R. being IC.R. No.113 of 2017 registered with the Shahpur Police Station, DistrictAhmedabad, for the offence punishable Sections 376(2)(f) and 376(2)(i) of the Indian Penal Code and also, for the offence under Sections4, 5(c)(f)(m), 6, 8, 9(c)(f)(m) and 10 of the Protection 2of Children from Sexual Offences Act [herein after referred to as the "POCSO" Act].

(2.) The First Information Report dated 16/09/2017 came to the lodged by one Sangitaben Shaileshbhai Dataniya. The first informant is the grandmother of the victim. The F.I.R. is extracted hereunder:

(3.) Thus, It Appears On Plain Reading Of The F.I.R. Referred To Above that the applicantaccused is serving as a Head Teacher in a Municipal School situated at Shahpur Darwaja, Ahmedabad. The allegations against the applicant are that of sexual assault on the granddaughter of the first informant viz.Mayuri Pratikbhai Dataniya i.e.the victim aged 07 years and 08 months. The victim is studying in the Municipal School referred to above, in which, the applicantaccused is the Head Teacher.