BHAGWAT GANPAT TAYADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER challenges legality of the order dated 24-7-1995 passed by the: learned Judicial Magistrate, First Class jamner, convicting him for offence punishable under section 354 of the Indian Penal code and sentencing him to suffer RI for three months and fine of Rs. 2000/- in default RI for 20 days and order dated 8-12-1997 passed by the learned Sessions Judge, jalgaon, confirming the order of conviction and sentence passed by the learned Magistrate.

(2.) IN nutshell, the relevant facts are that the petitioner was serving as a teacher in zilla Parishad's Primary School at Village batawad (BK) Tq. Jamner. It is alleged that petitioner was molesting young girls including; the grand daughter of complainant pandurang Dattatraya Joshi (PW1 ). In the begnning the complainant ignored the complaints. However, subsequently apart from his grand-daughter, other girls, namely, nanda Misal (PW2), Yogita Joshi (PW3), reena Patel, Ranjana Kale, Jijabai Patil and sarigeeta Shinde made the same complaints. The complainant, therefore, approached the police and lodged a complaint on 27-8-1989. On the basis of this FIR, offence was registered against the petitioner, statements of the girls their parents etc. were recorded. After completion of investigation, charge -sheet came to be filed against the petitioner for offence punishable u/s. 354 of IPC.

(3.) DURING the course of trial, Summary criminal Case No. 397/1989, in all four witnesses were examined. After appreciating the evidence, learned Judicial Magistrate, first Class, Jamner convicted the petitioner by his order dated 24lh July 1995 and sentenced him to suffer RI for three months and to pay a fine of Rs. 2000/- in default, to suffer RI for 20 days.