ASHOK RAMCHANDRA SHEWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 19th April 2019, a complaint came to be lodged at N.M. Joshi Marg Police Station by mother of a child, aged 13 years 6 months, reporting about sexual assault upon her special child. It is alleged by her that on 19 th April 2019, her another daughter informed that when the victim girl had gone to the toilet on the first floor of a building in a chawl, on 17 th April 2019 at 9.00 p,m, the Applicant - a resident of the same building latched the door from inside and sexually abused her. When the victim girl was taken into confidence, she narrated that after the applicant entered into the toilet and he latched the door, she was kissed by him on her lips and he also inappropriately touched her chest and her private part. He also threatened that if she informed about the said incident, she would have to meet with dire consequences. Thereafter, he opened the door of the toilet and left her. Being under the threat of the applicant, she did not report the incident to any family member earlier to this point of time. Based on the said narration, the complainant approached the police station on 19th April 2019 about the incident which took place on 17th April 2019 and lodged the FIR.

(2.) The victim was forwarded for medical examination and was examined on 20th April 2019 after obtaining her consent. The history of the sexual assault narrated by the victim's mother is in sync with what she had disclosed to her mother about the applicant forcibly kissing her and fondling her breast. It is categorically recorded that she did not report of any sexual intercourse. The child was medically examined and the opinion in column no.11 record as "multiple old healed hymenal tears".

(3.) The statement of the victim girl was also recorded on 22nd April 2019 where she reiterate the entire incident which occurred when she had visited the toilet and also the subsequent events as to how the information was given to her mother who lodged the complaint.