MANOJ TULSIDAS SAWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this Revision Application is to the order dated 18th July 2019 passed by the learned Special Court at Mumbai in Special Case No.245 of 2017. By the impugned order the learned Special Court has rejected the application at Exh-6 filed by the applicant for his discharge under Section 227 of the Code of Criminal Procedure.

(2.) The incident in question is alleged to occurred on 10 th October 2015 at about 5.20 p.m. at a bus stop on S.V. Road, Goregaon (West). According to the complainant who is a girl aged 16 years she along with her friends were awaiting at the bus stop for bus no.359. At that time at about 17.45 hours one person who according to the prosecution is none other than the applicant/accused, came from behind. It's the gravamen of the allegation that the applicant stood in front of the complainant and others with the zip of his pant open with his private part visible to the complaint and others.

(3.) On the basis of the complaint lodged on 10 th October 2015 an offence came to be registered and after investigation the applicant has been chargesheeted before the Special Court for the offences punishable under Section 509 of the Indian Penal Code (' IPC ' for short) read with Section 11(i) of the Protection of Children From Sexual Offences Act, 2012 ('POCSO Act' for short).