VIKRAM SAKHARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein is convicted for the offences punishable under Section 355 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for two months. He is also convicted for the offence punishable under Section 9(l) (o) (p) r/w. Section 10 of Protection of Children from Sexual Offences Act and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year by the Additional Sessions Judge, Raigad Alibaug vide judgment and order dated 24.11.2014 in Spl.(Child) Case No.8.2014. Hence, this appeal.

(2.) Such of the facts necessary for the decision of the appeal are as follows.

(3.) The Appellant herein was conducting private tuition classes in the name and style of Gurukul Coaching Class. The victim was attending the said class. The Appellant was mainly teaching Sanskrit subject. It was an optional subject opted by the victim. The victim was attending the tuition class since 2013. It is the case of the prosecution that on 27th December, 2013, the victim along with his father had been to the tuition class, they mounted assault upon the Appellant, he sustained bleeding injury. The staff then immediately called upon the police and informed about the said incident. The accused-Appellant was arrested and on 27th December, 2013. Mohan Bhopi, the father of the victim lodged a report at the police station alleging therein that on 27th December, 2013, his son had not attended the tuition class and, therefore, his wife was constrained to call him home and told him to ask the victim the reason for not attending the tuition class. Upon inquiry, the victim has disclosed that he fears his tuition teacher i.e. the present Appellant. He had also disclosed that during the period of tuition class, the Appellant had committed aggravated sexual assault on him with sexual intent. He had also disclosed that the Appellant had made other students to leave the class and, thereafter, he used to show indecent and pornographic photos and videos to the victim and, thereafter, molest him. Upon receiving the said information, the father of the victim had gone to the tuition class to inquire. In the course of verbal altercation, the police arrived at the spot.