LAWS(BOM)-2023-3-268

MAHADEV GAUR BISHWAS Vs. STATE OF MAHARASHTRA

Decided On March 15, 2023
Mahadev Gaur Bishwas Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) 'Little girls dance their way into your heart, whirling on the tips of angel wings, scattering gold dust & kisses in our paths'.

(2.) On 6/11/2017, in the afternoon hours, while she was playing with her siblings, with her mother just around, she was taken to the house by the accused and he fingered her, as a result she started bleeding. The little girl rushed to her mother and took off her panty and went to toilet. She was unable to pass urine and was touching her private part and shouting in pain and agony. The mother noticed blood coming out and when she inquired, the victim disclosed to her that it was Sanya's father, the accused, who had put his finger in the place of urinating, which was paining.

(3.) Upon the said incident having taken place, Vijaylaxmi (PW 5) residing in the neighborhood was called by the complainant (PW 2) and was told that her daughter was having pain while urinating and was also told that it is the accused who had fingered her. The mother and daughter, both were crying and were told by PW 5 that the girl should be taken to the hospital or she can wait till the husband return. In the night at 10.30 p.m, when husband of PW 2 returned home, the incident was narrated to him. The victim was taken to the family Doctor (PW 4) on the next day, who advised that she should be taken to 'MAA' hospital, but on being taken there, she was asked to be taken to Rajawadi Hospital. The parents were informed that they should first lodge a report and hence PW 2 approached the police station where the complaint was reduced into writing by API attached to Chembur Police Station (PW 8).