STATE OF MADHYA PRADESH Vs. MOHAMMAD RAHEESH MANSOORI

JUDGEMENT

(1.) Heard on I.A. No.19682/2022, an application for condonation of delay. On due consideration, I.A. No.19682/2022 is allowed.

(2.) The prosecution case, in brief, is that on 21/7/2021 at about 18:00 hours, the father of the prosecutrix (PW-02), accompanied by the prosecutrix (PW-01), appeared at Police Station Kotwali, Chhatarpur, and submitted a written complaint (Exhibit P-4). In the said complaint, it was alleged that his daughter, namely, the prosecutrix (PW-01), aged about 08 years, was studying in Class II during the academic session 20192020 in a public school. She used to commute to and from the school in a Tata Magic van arranged by the school. The said vehicle was being driven by accused Raheesh Mansoori, resident of Galla Mandi, Chhatarpur, below the old Allahabad Bank, who used to pick up and drop the school children. It was further alleged that after dropping the other children at their respective homes, the prosecutrix (PW-01) would often remain alone in the vehicle with the accused. It was further alleged that whenever the prosecutrix (PW-01) remained alone in the vehicle, the accused used commit a wrong with her. The accused also allegedly threatened the prosecutrix not to disclose the incidents to anyone. Owing to fear and intimidation, the prosecutrix (PW-01) remained silent and would often return home weeping, though her family members could not understand the reason for her distress at that time. It was further stated that due to the COVID-19 lockdown, schools remained closed during the academic session of 2020. Thereafter, on 20/7/2021, when the complainant informed the prosecutrix (PW-01) that the schools were likely to reopen and advised her to prepare her school uniform and other articles, the prosecutrix started crying and expressed her unwillingness to attend the said school. She further stated that the driver of the school vehicle, referred to by her as "Khan Uncle," used to behave obscenely with her. Upon being consoled and reassured by the complainant and his wife (PW-03), the prosecutrix disclosed the acts allegedly committed by the accused.

(3.) After completing the investigation, the charge sheet was filed against the accused before the Court. Statement of the witnesses got recorded. Charges were framed; read out and explained to the accused. He denied to committing the crime and sought a trial. During his examination under Sec. 313 of the Code of Criminal Procedure, the accused stated that he is innocent and has been falsely implicated in the case.