SANJEEV KUMAR Vs. STATE

JUDGEMENT

(1.) There is no trust sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and they can grow up in peace." are the well known words of Mr.Kofi Annan, the then Secretary General of the United Nations Organization which forms the aim and object for which the Convention on the rights of the child was held and is otherwise the motive of UNICEF which is to the effect 'for every child, health, education, equality, protection and advance humanity'. Precisely is the subject matter of this petition by petitioner Sanjeev Kumar with the aid of Sec. 482 Cr.P.C. seeking quashment of the complaint dtd. 16/5/2015 (Annexure P10), summoning order dtd. 5/8/2017 (Annexure P12), order framing charges dtd. 30/11/2017 (Annexure P14) and chargesheet dtd. 30/11/2017 (Annexure P15), whereby the petitioner has been charged for commission of offences under Ss. 19 and 21(2) of the Protection of Children from Sexual Offences Act, 2012 (in short, 'the POCSO Act').

(2.) Heard Mr. Puneet Jindal, Senior Advocate assisted by Ms.Neha Anand Mahajan and Mr. Nitin Kumar, Advocates representing the petitioner; Mr. Rajiv Sharma, Additional Public Prosecutor, UT Chandigarh for the respondents/State and on perusal of the records.

(3.) Before getting on to the merits of the case of each of the parties to this petition, a rough sketch of the background, how and by what means the present petition has come about, needs to be sketched. Initially, one Harvinder Singh, complainant in case bearing FIR No.182 dtd. 13/5/2015 under Ss. 354, 354A IPC and Sec. 8 of the POCSO Act pertaining to Police Station Sector 39, Chandigarh (in short, 'the FIR case') had made a statement before the police wherein he alleged that his daughter, who was then aged five years, was studying in KG class in the school being run by the petitioner. It is claimed that the girl student used to be ferried by the school bus whose driver was one Jasbir Singh and conductor was Jagjit Singh, the latter being an accused in FIR case. It is alleged that on 7/5/2015 when his daughter was dropped by the school bus, the father found that the child was perturbed and itching on her private parts. On further talking to the child and examining her, it was revealed by the daughter that the bus conductor Jagjit Singh used to do wrong acts with her with his hand, and which matter was reported to the Principal of the school who failed to take any effective steps into it and it is thereafter, the complainant approached the police authorities through complaint (Annexure P1) leading to registration of a criminal case. It is worthwhile to refer here that the Court of learned Additional Sessions Judge-cum-Judge, Special Court, Chandigarh through judgment and order of sentence dtd. 28/9/2016 found the accused guilty for commission of various offences and sentence him as follows: