LAWS(BOM)-2023-6-822

NATHU SHAMU SONAVANE Vs. STATE OF MAHARASHTRA

Decided On June 26, 2023
Nathu Shamu Sonavane Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The applicant has challenged the order dated 10 th February 2023 passed by learned Extra Joint District Judge and Additional Sessions Judge, Ratnagiri below Exhibit-19 in Special Case No.14 of 2022 rejecting the application for discharge preferred by applicant in the said case arising out of C.R. No.77 of 2022 registered with Lanja Police Station, District Ratnagiri for offences punishable under Sec. 354-A of Indian Penal Code and Ss. 8, 9(f), 9(m), 10, 12 of Protection of Children From Sexual Offences Act, 2012.

(2.) The First Information Report was registered on 24 th April 2022 at the instance of father of the victim girl. Statement of victim girl was recorded on 24/4/2022.

(3.) The case of the prosecution is that, on 20 th April 2022, the victim girl and her friend were called by the accused in the staff room for fixing stapler pins on the examination papers. Friend of the victim was sent to another room for keeping files. Accused told the victim to cover the computer. Therefore, the victim went to cover the computer. The accused, who is the head master of school, came behind the victim girl and pressed her chest and also put his hand inside her uniform slacks. Thereafter, accused sat on his chair and also touched the victim girl on her back and told her to stand near his chair. Thereafter, the accused started opening chain of his pant and pulled the victim girl towards him and told her to touch his private part. Since, the girl refused to do it, the accused removed the private part out and pulled victim's hand to touch and press it. The victim girl ran away from the spot.