PANDURANG NARAYAN JADHAV Vs. STATE OF MAHARASHTRA THROUGH INVESTIGATING OFFICER POLICE STATION CHHAWANI

JUDGEMENT

(1.) This appeal takes exception to the impugned Judgment and order of conviction and resultant sentence passed by the Special Judge (POCSO Act), Aurangabad in Sessions Case No. 368 of 2013, thereby convicting the present appellant for the offence punishable under Section 10 read with Section 9(f) of the Protection of Children From Sexual Offences Act, 2012 ("POCSO Act") and awarded the sentence of Rigorous Imprisonment for five years and to pay a fine of Rs.2000/- in default to suffer further Rigorous Imprisonment for two months. Being dissatisfied with the impugned finding of conviction and resultant sentence, the appellant taking recourse of remedy under section 374 of the Code of Criminal Procedure ("Cr.P.C.") approached to this Court for redressal.

(2.) The scenario of the prosecution case in short compass is that, the appellant was the teacher of "Sanskrit" subject and during the relevant period of incident in the year 2013, he was employed in the school known as "Onkar Vidyalaya" located at Vanjarwadi, Aurangabad. The prosecutrix girl, her cousin brother Parmeshwar, resident of village Karodi" Ta. and District Aurangabad, were taking education in the appellant's School namely, "Onkar Vidyalaya". The timing of the school was from 8.00 a.m. to 1.00 p.m for 5th standard to 9th standard. In all four students from village "Karodi" of prosecutrix - girl used to attend the school by vehicle School Van. The prosecutrix - was the adolescent girl, 13 years old, studying in 7th standard at the time of alleged incident.

(3.) According to prosecution, on the day of incident i.e. on 16-08-2013, prosecutrix - girl, her cousin Parmeshwar and minor boy Rohit from her village studying in 3rd Standard, all attended the school at 7.30 a.m. as usual by vehicle School Van. The school timing of minor Rohit was 10.00 a.m. to 3.00 p.m. and both prosecutrix - adolescent girl and her cousin used to take home minor Rohit daily with them in the School Van. It has been alleged that on the day of incident, after school timing prosecutrix - girl and her cousin both were remained in the classroom waiting for minor Rohit to return to home. Meanwhile, the appellant-accused came in the classroom of the prosecutrix - girl. He called the prosecutrix - girl and asked to show her notebook. The appellant - accused gave advise to the prosecutrix - girl to improve her handwriting. During the conversation, he caught hold hand of prosecutrix - girl and pulled her towards him. He pressed her breasts and attempted to rub her cheek. However, appellant-accused noticed presence of the cousin Parmeshwar in the classroom. Therefore, he asked her cousin Parmeshwar to bring chalk box from the classroom of 8th Standard. The conduct and demeanour of appellant/accused raised suspicion in the mind of prosecutrix. Therefore, she herself left the classroom under the pretext of brining chalk box from classroom of 8th standard. But, the appellant/accused followed her in the classroom of 8th standard. According to prosecutrix, the appellant-accused attempted to close the door of the classroom, but any how she managed to get escape from the clutches of appellant-teacher. She came to her cousin Parmeshwar in the classroom and started weeping. The appellant- teacher again came near the prosecutrix girl under the pretext of giving advise to improve her handwriting and then went away. Thereafter, at about 2.30 p.m. they collected the minor Rohit and returned to home. The prosecutrix - adolescent girl narrated the incident to her mother, who had further disclosed about the incident to father of the prosecutrix and other relatives. On the following day, the parents visited to the school, but the appellant - accused was not found available in the School. The prosecutrix and her parents ventilated the grievance against the appellant-teacher to the headmistress of the School. Eventually, the report about the alleged incident came to be lodged to the Police of cantonment Police Station for penal action against the miscreant teacher.