RAJ KUMAR KANCHHEDICHAL RAIKWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is yet another case where the young girl, aged 9, was subjected to a sexual assault. A complaint came to be lodged by the complainant alleging that the applicant, who was working as a driver with Cinegraphic and who was residing in the same chawl where the complainant was residing, on 26/8/2018 subjected her little girl aged 9 years to sexual harassment. On a complaint being lodged by the mother, the offence came to be registered under Sec. 376(2)(i)(j) of the Indian Penal Code ("the IPC') and Ss. 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO Act'). The victim girl reported to her mother about the incident when the applicant is alleged to have molested her by removing her underclothes and the act, which the victim complained of, would squarely fall within the purview of Sec. 375 (b) and (c) of the IPC and of course, since the said act is committed against her will, without her consent and she being minor, the provisions of Ss. 4, 6 and 9 of the POCSO Act have also been invoked.

(2.) The statement of the victim came to be recorded on 1/7/2018 and her statement under Sec. 164 of the Cr.P.C. is also recorded, according to the learned APP. The version of the complainant and the statement of the victim girl are in sync and clearly implicate the present applicant. The victim girl was referred for medical examination on the next day. The medical report, however, specify that the act is not suggestive of sexual assault and the opinion given is, "there are no signs of sexual assault'. On completion of the investigation, chargesheet has been fled in the competent court.

(3.) The submission of the learned counsel for the applicant is, in-spite of his arrest since 26/8/2018, no charge has been framed till date. Pertinent to note that the enactment of POCSO Act is to inter alia protect the children from sexual harassment and provide for establishment of Special Courts for trial of such offences. The Act contemplate that the trial should be expeditiously concluded. However, in the present case, till date, even the charge is not framed. There is no dispute about the fact that the offence is serious one and though the objective enshrined in the Act is to protect the children from being subjected to sexual offences and punish the perpetrator of the crime, awaiting a trial, a person cannot be indefnitely incarcerated as the criminal jurisprudence prevalent in this country, presupposes an accused to be innocent till he is proven guilty. He will undergo the requisite penalty once proved guilty.