STATE OF MAHARASHTRA Vs. BALVEERSING SARDAR PURANSING BABBAR

JUDGEMENT

(1.) BEING aggrieved by the Judgment and order dated 7-10-1983, passed by the JMFC, Court No.3, Pune in Sessions Case No.31/83, whereby the learned Magistrate acquitted the respondent-accused of the offence punishable under section 354 and 506 IPC, the appellant State of Maharashtra, has filed the present appeal.

(2.) BRIEFLY stated the prosecution case runs as follows :- The respondent-accused was a teacher in Guru Nanak High School, Pune. The complainant Jyotsna Hazare was studying in 8th standard in the said school. Her mother Sushila Hazare was working in the house of the respondent, as a maid. According to prosecution, Sushila was ill and could not go for work, to the respondent's house. He, therefore sent a message to her that if she could not come, she should send her daughter. From 20-3-1983, the complainant Jyotsna Hazare started going for work to the respondent's house. On 23-3-1983, she went there alone. The respondent was giving tuitions to two students namely Mohan and Mafatlal. After completing her work, complainant Jyotsna was cleaning the floor when all of a sudden, the respondent came near her. He embraced her and kissed her. She pushed the respondent aside. According to the prosecution, both the boys saw this incident.

(3.) ON 4-4-1983, complainant gave a written application to the principal and to one Sadhusing about the incident requesting them to inquire into the matter. According to the prosecution, the respondent was enraged by this and threatened the complainant with dire consequences. The complainant and her mother waited for sometime hoping that some disciplinary action will be taken by the institution against respondent but, no action was taken. The mother of the complainant then went to meet the principal who advised her to file a complaint against the accused in the police station. Pursuant to this, the complaint came to be filed on 25-4-1983 at Ramoshi gate police Chowky, on the basis of which, the investigation started. Upon completion of the investigation, the accused came to be charged as aforesaid.