KISHOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. F.T. Mirza, the learned counsel for the applicants and Mrs.M.H.Deshmukh, the learned APP for the Respondent-State, at length.

(2.) The applicant in Criminal APL Nos.295/2017 and 296/2017 is one and the same, namely Kishor Sureschandra Darda. He is the Secretary of Jawaharlal Darda Education Society, Yavatmal, which inter alia manages and looks after Yavatmal Public School, Yavatmal. The applicant in APL No. 297/2017 was initially working as a teacher in the said School and at the relevant point of time, was working as a Coordinator in the School.

(3.) It appears that two first information reports ( "FIRs") were lodged by two parents against two teachers, namely, Amol Kshirsagar and Yash Borundia, working with the aforesaid School. The allegations in both the FIRs are identical, viz. those two teachers have molested girlstudents of the school by moving their hands on their chests and by putting their hands inside undergarments. Accordingly, two FIRs came to be registered vide FIR Nos. 480/2016 and 489/2016. FIR No. 480/2016 is registered for offences punishable u/ss. 354 read with Sec. 8,10,12 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') and FIR No.489/2016 was registered u/ss. 376 (2)(f) and 354 of the IPC and Sec. 6, 8, 10,12 and 21 of the POCSO Act. The charge-sheet, however, was filed in both the cases for the offences punishable u/ss. 354, 354A, 376(2)(f) of Indian penal Code and Ss. 6,8,10,21 of the POCSO Act and Sec. 75 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (in short 'J.J.Act'). So far as the applicants are concerned, they have been charge-sheeted for the offence punishable u/s. 21 of the POCSO Act and Sec. 75 of the JJ Act.