SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Vanita Vasant Patil vs The State Of Maharashtra on 2 November, 2018

Cri. Apeal 934.14.doc
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 934 OF 2014

Vanita Vasant Patil
Age : 56 Yrs, Occu. Service,
R/o. Prathamesh Society, Flat No.10,
Lokhadipada, Panvel, Dist-Raigad
(At present lodged in Central Jail)
… APPELLANT
(Orig. Accused no.2)
VERSUS

1) The State of Maharashtra
(At the instance of Sr.P.I.Uran
Police Station, Dist. Raigad).

2) Victim girl-X
Mukam Post, Mothi Jui,
Tal.Uran, Dist.Raigad. … RESPONDENTS
(with a view to conceal an
identity of the informant,
she is referred as
“victim girl-X)

W I T H

CRIMINAL APPEAL NO. 919 OF 2014

Mr. Datta Somnath Jadhav,
Aged about 43 years, adult,
Indian inhabitant, Occ : Service
R/o.Navjeevan Society,
L-3 Yugant Colony, Sukapur
New Panvel, Dist.Raigad.
(Alibag Prison) … APPELLANT
(Orig. Accused No.1)

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
2

VERSUS

1) State of Maharashtra
(Through Uran Police Station)

2) Victim girl-X
Mukam Post, Mothi Jui
Tal. Uran, Dist.Raigad … RESPONDENTS

W I T H

CRIMINAL APPEAL NO. 160 OF 2015
(For Enhancement of Sentence)

The State of Maharashtra … APPELLANT
(Orig. Complainant)

VERSUS

1) Datta Somnath Jadhav,
Age 43 years, Occ : Service
R/o.Navjeevan Society,
L-3 Yugant Colony, Sukapur
New Panvel, Dist.Raigad.

2) Vanita Vasant Patil
Age : 56 Yrs, Occu. Service,
R/o. Prathamesh Society,
Flat No.10, Lokhadipada, Panvel,
Dist: Raigad. … RESPONDENTS
(Orig. Accused Nos.1 and 2)

Mr. Mahesh Vaswani a/w Mr. Jagdish Shetty a/w Ms.
Dharni Nagda a/w Ms. Sophia Hasan Advocates for

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
3

Appellant in Criminal Appeal No. 934/2014.
Mr. Sathyanarayanan, Advocate for Appellant in
Criminal Appeal No. 919/2014

Mrs. M.H. Mhatre, A.P.P. for Respondent – State in
Criminal Appeal No. 934/2014 and Criminal Appeal
No.919/2014 and for Appellant in Criminal Appeal
No.160/2015.

CORAM: S.S. SHINDE AND
A.S. GADKARI, JJ.

DATE OF RESERVING JUDGMENT : 23rd OCTOBER, 2018.
DATE OF PRONOUNCING JUDGMENT: 2nd NOVEMBER, 2018.

JUDGMENT [PER S.S. SHINDE, J.]:

1. Criminal Appeal No. 919 of 2014 filed by

accused No.1 Datta Somnath Jadhav (for the sake of

brevity, hereinafter would be referred as accused

No.1), is directed against the Judgment and Order

dated 28th October, 2014 passed by the Additional

Sessions Judge, Raigad-Alibag thereby convicting

accused No.1 for the offence punishable under

Section 376(2)(b) of the Indian Penal Code read

with Section 5(c), 6 of Protection of Children

from Sexual Offences Act (for short, “POCSO Act”)

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
4

and sentencing him to suffer rigorous imprisonment

for ten years and to pay fine of Rs.20,000/- and

in default to suffer rigorous imprisonment for two

years. The Trial Court also convicted accused No.1

for the offence punishable under Sections 292, 509

of Indian Penal Code read with Section 14 of POCSO

Act read with section 67 B of Information

Technology Act and sentenced him to suffer

rigorous imprisonment for five years and to pay

fine of Rs.10,000/, in default to suffer rigorous

imprisonment for one year. The Trial Court also

convicted accused No.1 for the offence punishable

under Section 342 of Indian Penal Code and

sentenced him to suffer rigorous imprisonment for

one year and to pay fine of Rs.1,000/, and in

default to suffer rigorous imprisonment for one

month. The Trial Court also convicted accused No.1

for the offence punishable under Section 354 of

Indian Penal Code and sentenced him to suffer

rigorous imprisonment for two years and to pay

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
5

fine of Rs.5,000/, and in default to suffer

rigorous imprisonment for five months. All the

sentences were directed to be run concurrently.

2. Criminal Appeal No. 934 of 2014 filed by

Vanita Vasant Patil (for the sake of brevity

hereinafter would be referred as accused No.2) is

directed against the Judgment and Order dated 28 th

October, 2014 passed by the Additional Sessions

Judge, Raigad-Alibag thereby convicting her for

the offence punishable under Section 376(2)(b),

109 of Indian Penal Code read with Section 5(c), 6

and 17 of POSCO Act and sentencing her to suffer

rigorous imprisonment for ten years and to pay

fine of Rs.10,000/- and in default to suffer

rigorous imprisonment for one year. The Trial

Court also convicted accused No.2 for the offence

punishable under Sections 292, 509, 109 of Indian

Penal Code read with Sections 14 and 17 of POSCO

Act read with Section 67 B of Information

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
6

Technology Act and sentenced her to suffer

rigorous imprisonment for five years and to pay

fine of Rs.5,000/, and in default to suffer

rigorous imprisonment for five months. The Trial

Court also convicted accused No.2 for the offence

punishable under Section 342 of IPC and sentenced

her to suffer rigorous imprisonment for one year

and to pay fine of Rs.1,000/, and in default to

suffer rigorous imprisonment for one month. All

the sentences were directed to be run

concurrently.

3. Criminal Appeal No. 160 of 2015 is filed

by the State for enhancement of the sentence

imposed upon accused No.1 and accused No.2.

4. All these three Criminal Appeals are

arising out of one and the same Judgment and Order

passed by the trial Court, hence the same are

being decided by this common Judgment.

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::

Cri. Apeal 934.14.doc
7

5. The prosecution case, in brief, is as

under:

A] Complainant/victim girl (with a view to

conceal an identity, name is not disclosed)

resides at village Mothi Jui, Tal.Uran along with

her mother, two sisters and brother. Her father

Tulshiram Bhoir is no more. In the year 2013, she

was taking education as regular student in VIIth

standard, in Z.P. Primary School at village Mothi

Jui. Accused No.1 was employed as teacher in the

said school. At the relevant time and prioir to

the incident, he was discharging his duties, as

class teacher of the victim. While accused No.2

was working as head mistress in the said school.

At about two months prior to filing of the

complaint, during the first recess in the school,

at about 12.00 noon, complainant/victim girl was

playing in the school premises along-with other

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
8

students. At that time, accused No.2 called her in

the office, and told her to clean the room where

rice was stored (for short, “rice room”), which

was adjacent to the office of head mistress. As

soon as complainant went inside the said rice

room, accused No.2 bolted the door of the said

room from outside. Accused No.1 was present in the

said room, and he caught hold the hands of

complainant and then kept her on the bench by

removing her wearing clothes, and thereafter

snapped the photographs of the chest and private

part of complainant, on his mobile. So also,

accused No.1 laid the victim girl on gunny bag

(Gonpat) and pressed her breast and also told her

to take his private part into her mouth, which she

refused and so, accused No.1 penetrated his penis

into the private part of the complainant and also

threatened her to keep quiet. Accused No.1 told

complainant to wear her clothes, and also

threatened her that if she endeavor to disclose

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
9

the incident to others he will beat her like dog.

Thereafter, accused no.2 removed the bolt of the

door and the complainant went to her class room.

B) After some days, accused No.2 called the

complainant to her office, and then told the

complainant to go inside the rice room and when

the complainant entered into the rice room,

accused No.1 came in the said room and accused

No.2 bolted the door of the room from outside.

Then accused No.1 gave chocolate to the

complainant and kept her on the bench with an

intention to snap her photographs, and

accordingly, the accused No.1 took photographs of

her chest and private part on his mobile. Then

after some days, accused No.1 again called the

complainant. But the complainant did not go, so,

accused No.1 got annoyed. One day accused No.1

threw duster towards victim girl-X which was hit

on the head of the victim girl-X. Then the victim

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
10

girl-X informed the said incident to her mother.

However, her mother did not lodge any complaint.

As the victim girl-X came to know about the

complaint lodged against accused No.1 by another

school girl, she got courage to lodge the

complaint. Accordingly, she lodged the report in

Uran Police station on 22nd January, 2013. Police

Inspector – Avate reduced the report of the

complainant into writing and registered an offence

vide Crime No.13/2013 and handed over the

investigation to ACP – Borate. ACP – Borate

visited the spot and prepared spot panchanama at

the place of incident shown by the victim girl-X.

So also, ACP – Borate prepared the panchanama in

presence of forensic expert and seized gunny bag

(Gonpat) from the spot. He seized the clothes of

the complainant vide seizure panchanama. Accused

No.1 came to be arrested in Crime No.10/2013

registered with Uran Police Station under Sections

354, 509 of the Indian Penal Code (for short,

::: Uploaded on – 02/11/2018 ::: Downloaded on – 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
11

“IPC”) in which two mobiles were seized from

accused No.1 vide arrest panchanama and ACP –

Borate conducted the said panchanama as well as

panchanama of the two mobiles containing obscene

photographs of the student girls. ACP – Borate

arrested the accused. Accused No.1 while in police

custody showed his readiness to produce his

clothes used at the time of the incident and

accordingly, ACP – Borate prepared memorandum of

accused No.1 and subsequently seized the clothes

at the instance of accused Datta Jadhav vide

seizure panchanama.

C) The complainant was examined by Dr.

Minakshi Sawant of NMMC hospital, Washi and she

issued medical examination report with an opinion

that, hymen of victim girl-X was torn and admit

one finger easily. ACP – Borate obtained the spot

map from Circle Inspector, Koproli. As per the

directions of ACP – Borate, PSI – Puri recorded

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
12

the statements of school students including the

victim girl-X. So also, ACP – Borate recorded the

statements of witnesses including guardian of the

girl students. ACP – Borate sent the seized

articles to Chemical Analyzer Office and received

the Chemical Analysis reports in this behalf.

D) During the course of investigation, it

was transpired that accused No.1 committed rape on

minor victim girl-X and accused No.2 abetted

accused No.1 in commission of the said crime. So

also, accused No.1 taunted and committed sexual

assault and caused harassment of the girl students

including the complainant, and also snapped

obscene photographs of the complainant on his

mobile and accused No.2 abetted accused No.1 in

commission of aforesaid offences. After completion

of the investigation, the investigating officer

filed charge sheet against the accused persons in

the Court of Judicial Magistrate, First Class,

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
13

Uran.

E) As the offence under Section 376 of IPC

is exclusively triable by the Court of Sessions,

the Judicial Magistrate, First Class, Uran

committed the case bearing R.C.C. No. 54/2013 to

the Sessions Court for trial.

F) A charge under Section 376(2)(b), 354,

292, 509, 342, 109 of the IPC and under Section

5(c), 6, 14 and 17 of Protection of Children from

Sexual Offences Act and also under Section 67B of

Information Technology Act, as against accused

No.1 and accused No.2 was framed vide Exhibit-3,

and same was read over and explained to the

accused in vernacular. The accused pleaded not

guilty and claimed to be tried.

6. After recording the evidence and

conducting full-fledged trial, the trial Court

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
14

convicted and sentenced the appellants – accused

for the aforesaid offences in the manner stated in

paragraphs 1 and 2 herein before, the Criminal

Appeal No. 919 of 2014 is preferred by the

appellant Datta Somanth Jadhav and Criminal Appeal

No.934 of 2014 Appeal is preferred by appellant –

Vanita Vasant Patil challenging the conviction and

sentence. As already mentioned in paragraph 3,

Criminal Appeal No. 160 of 2015 is preferred by

the State seeking for an enhancement of the

sentence imposed upon the accused persons.

7. Learned counsel appearing for the

Appellant- Vanita in Criminal Appeal No.934 of

2014 submitted that the appellant has been

falsely implicated in the alleged incident. Though

the victim girl-X alleged that she was sexually

assaulted, however she admits that she did not

suffer any bleeding during an alleged incident of

rape. Even the Medical Officer (PW-12) who

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
15

examined the victim girl-X has specifically stated

that the victim girl-X was not having any injury

on her private part. The Medical Officer has

specifically admitted that, generally if a tender

aged girl like victim is raped, there is every

possibility of having injuries on her private

part, and therefore the version of PW-1 victim

girl-X is unbelievable. Learned counsel further

submits that version of the victim girl-X is

contrary to the medical evidence. In support of

his submissions, learned counsel placed reliance

upon the exposition of law in the case of Pratap

Misra and others vs. State of Orissa 1, Amar Singh

and others vs. State of Punjab2, Jai Ram Prasad

Singh Alias Jai Ram Mandal vs. State of Bihar 3 and

Sham Singh V/s State of Hariyana4. Learned counsel

further submits that the victim girl has falsely

implicated accused in the incident alleged to have

1 AIR 1977 SC 1307
2 (1987) 1 SCC 679
3 1990 (1) BLJR 139
4 AIR 2018 SC 3978

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
16

been happened on Sunday, because on Sunday every

school remains closed and there was no reason for

the victim or the accused to attend the school on

Sunday. Further, the victim has admitted that

after 5th day of the incident she narrated the

alleged incident to her mother, but the conduct of

her mother is unnatural as mother has neither

taken to her daughter to the hospital nor reported

the incident to the Police, Principal or father of

the victim girl-X. There was political pressure in

implicating the accused persons in the alleged

incident as the record before the trial Court

shows that at every time, including the time of

filing of the FIR, Sarpanch of the village namely

Ashok was very well present along with the victim

girl and her mother. Even during the course of

recording of the evidence though in camera, mother

of every child witness along with one lady Police

Officer were present and therefore the possibility

of tutoring cannot be ruled out.

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::

Cri. Apeal 934.14.doc
17

9. Learned counsel further submits that PW-2

has not supported the evidence of PW-1, as PW-2

has stated only about the indecent behaviour of

accused No.1 and nothing has been stated about the

sexual assault. PW-3 literally denied the version

of PW-1 and exonerated the Appellant Vanita about

any incident alleged to have happened in rice

room. The evidence of PW-4 is not in consonance

with the evidence of PW-1, as victim girl PW-1 has

no where stated that she was pushed in the rice

room. Even the evidence of PW-6 and PW-7 does not

support the prosecution case. PW-7 stated that

Appellant Vanita was in class room on the day of

alleged incident and therefore it is doubtful

whether really the incident had taken place. Thus,

there is no consistency in the evidence of victim

girl and other minor student witnesses and so the

entire prosecution case falls. Learned counsel in

support of his submissions that, children are most

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
18

untrustworthy class of witness, placed reliance

upon the relevant observation made in the case of

Dasarathi Mahanto V/s The State5 (Para 7 and 9) and

Arbind Singh V/s State of Bihar 6. Learned counsel

submitted that, the evidence of the victime girl-X

and other girls is totally inconsistent with the

medical evidence, and therefore, said evidence can

not be believed and as a result the entire

prosecution shall fail. In support of his

aforesaid submissions, learned counsel relied upon

the observations in Para Nos.6 and 14 of the

Judgment in the case of Ram Narayan and others V/s

The State of Punjab7. Learned counsel further

submitted that, there is an inordinate delay in

filing the FIR and therefore the prosecution case

is after thought and unbelievable. In support of

his aforesaid submission, learned counsel placed

reliance upon the ratio laid down in the case of

5 27(1961)CLT 169
6 AIR 1994 SC 1068
7 AIR 1975 SC 1727

::: Uploaded on – 02/11/2018 ::: Downloaded on – 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
19

Surjan and others vs. State of M.P.8 and Mohd. Ali

Alias Guddu vs. State of Uttar Pradesh 9. In support

of aforesaid submissions, learned counsel further

placed reliance in the cases of Ram Swaroop and

others V/s State of Rajasthan 10, Tilak Raj V/s

State of Himalchal Pradesh11 and Ram Gopal Yadav

V/s State of Chhattisgarh and another12.

10. Learned counsel appearing for Appellant –

Jadhav, in Criminal Appeal No. 919 of 2014 has

adopted the arguments advanced by the learned

counsel appearing for the Appellant – Vanita. In

addition to it, learned counsel submitted that

there is an inordinate delay of about two months

in filing the first information report and

therefore it is doubtful whether really such

incident of sexual assault was happened. The

informant vaguely stated in the FIR that the

8 AIR 2002 SC 476
9 (2015) 7 SCC 272
10 (2004) 13 SCC 134
11 (2016) 4 SCC 140
12 2018 All M.R. (Cri) 2304 (S.C.)

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
20

incident occurred prior to two months of the

incident but she does not remember the date of

such incident. So also the prosecution witnesses

also not brought on record, the specific date of

the alleged incident. Learned counsel further

submitted that there are material contradictions,

omissions and improvements in the statements of

the prosecution witnesses. The victim was examined

by the Medical Officer two months after the

alleged incident and the prosecution failed to

bring on record medical evidence showing that

sexual assault was committed on the victim girl-X.

Learned counsel therefore submits that the Appeal

deserves to be allowed.

11. Learned A.P.P. appearing for the State

has supported the findings recorded by the learned

trial Court while convicting both the Appellants.

But so far as the quantum of sentence is

concerned, she submits that the trial Court ought

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
21

to have considered that the victim was a minor

girl of 12 years, and heinous crime was committed

by a teacher i.e. accused No.1 and in the

commission of said crime, accused No.2 abetted

accused No.1 and in such case, there should not

have been any leniency in awarding maximum

sentence, and both the accused should have been

sentenced for life imprisonment by the Trial

Court. Therefore learned A.P.P. prays that

Criminal Appeal No. 160 of 2015 filed by the State

may be allowed.

12. Heard learned counsel appearing for the

respective Appellants and learned APP appearing

for the Respondent – State, at length. With their

able assistance, we have carefully perused the

entire notes of evidence so as to find out whether

the findings recorded by the trial Court are in

consonance with the evidence brought on record or

otherwise.

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::

Cri. Apeal 934.14.doc
22

13. To prove its case, the prosecution has

examined as many as fifteen witnesses. As the

allegations are of sexual a assault on a minor

girl, we would not like to disclose the identity

of the victim girl-X, as also the prosecution

witnesses who are the minor girls and victim of

sexual assault. The Supreme Court in the case of

Dinesh Alias Buddha vs. State of Rajasthan 13 in

para 7 of the Judgment, held thus :-

“7. We do not propose to mention the name
of the victim. Section 227-A IPC makes
disclosure of the ident ity of the victim of
certain offences punishable. Printing or
publishing the name or any matter which may
make known the identity of any person
against whom an offence under Sections 376,
376-A, 376-B, 376-B or 376-D is alleged or
found to have been committed can be
punished. True it is, the restriction does
not relate to printing or publication of
judgment by the High Court or the Supreme

13 (2006) 3 SCC 771

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
23

Court. But keeping in view the social object
of preventing social victimisation or
ostracism of the victim of a sexual offence
for which Section 228-A has been enacted, it
would be appropriate that in the judgments,
be it of this Court, the High Court or lower
court, the name of the victim should not be
indicated. We have chosen to describe her as
“victim” in the judgment. (See State of
Karnataka v. Puttaraja14).”

14. The prosecution has examined PW-1 victim

girl (henceforth we would refer her as “victim

girl-X”). The incident took place in the year 2012

when the age of victim girl-X was 12 years. Her

evidence was recorded in camera. The record of the

trial Court shows that as the victim was minor,

initially the trial Court has asked some questions

to the victim girl-X to ascertain whether she

knows the difference between true and false and

the importance of oath. At the time of recording

the evidence of informant – victim girl-X in

14 (2004) 1 SCC 475

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
24

camera, the trial Court has allowed the mother of

the victim girl-X i.e. informant, and also one

lady police officer to be present. The evidence of

informant shows that she was residing along with

her mother, two sisters and one brother. At the

time of recording her evidence, she was studying

in P.N.P. school at village Mothi Jui. Her

evidence shows that she studied up-to 7th standard

at Primary School at village Mothi Jui. While

studying in Primary School in 7th standard, accused

No.1 was her class teacher and accused No.2 was

Headmistress of the school. Her evidence further

shows that she was studying in 7th standard,

division A in Primary School and her class room

was near to the office of Headmistress i.e.

accused No.2. There was a computer room near the

office of Headmistress. The school time from

Monday to Friday was 10.30 a.m. to 5.00 p.m. and

on Saturday the school time was from 7.00 a.m. to

11.00 a.m. Their short recess from Monday to

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
25

Friday was at 12.00 noon and the lunch recess was

at 1.30 p.m. till half and hour. Accused No.1

used to teach her all the subjects. In absence of

accused No.1, another teacher namely Pol or

accused No.2 used to teach the students. Her

evidence further shows that accused No.1 used to

ask her whether she was undergoing M.C. period and

whether to give pills/tablets for it. While

attending the classes in the class room, Accused

No.1 used to ask her, whether she is taking air

from beneath side at the sitting place. Accused

No.1 used to beat the boys with rod, and also used

to beat the girls on buttock. Her uniform was half

shirt and petticoat. Her evidence further shows

that Accused No.1 used to catch hands of girl

students and touch their breasts/chest due to

which the girl students feel ashamed. Accused No.1

used to threaten the girls that, in case they

disclose the incident to someone else, he would

beat them mercilessly.

::: Uploaded on – 02/11/2018 ::: Downloaded on – 03/11/2018 02:07:23 :::

Cri. Apeal 934.14.doc
26

15. The evidence of PW-1 victim girl-X

further shows that two months prior to filing of

the report, accused No.2 called her during the

lunch period and told her to clean the room where

the rice was stored, and so she went in the said

rice room. When she entered into the said room,

accused No.2 bolted the door of the said room from

outside. Accused No.1 was already present in the

said room. Accused No.1 caught hold her hands and

pulled her towards him. She tried to rescue but

accused No.1 stripped her clothes and laid her on

a mattress. Accused No.1 also removed his clothes.

Accused No.1 penetrated his private part into her

private part. She tried to cry but said accused

threatened her to beat. Said accused No.1 also

pressed her breasts. Accused No.1 snapped

photographs of her breast and private part on his

mobile. Then accused No.1 told her to wear the

clothes and also gave call to accused No.2.

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::

Cri. Apeal 934.14.doc
27

Accused No.2 removed the door-bolt of the room

from outside. She narrated the incident to accused

No.2 but accused No.2 told her that accused No.1

was like her father. Then she went to her class

room.

16. The evidence of victim girl (PW-1)

further shows that one Kunal Bhoir who was

studying in her class, on one Sunday came to her

house to call her so as to go to the school since

accused No.1 has called her in the school. So she

went to the school. She met there to one girl

student (name is not disclosed), who was studying

in her class. Accused No.1 called that girl

student in the computer room by keeping the victim

outside the said room. There was door to the

computer room. Then the said girl student came out

of the computer room. The said girl student told

the victim that accused No.1 removed her clothes

and snapped her photographs. The evidence of

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
28

victim girl-X further shows that, then accused

No.1 called her inside the computer room and

snapped photographs of her breast and private part

on his mobile and also told her not to disclose

the said fact to others. She further named PW-2,

PW-4 and other girl students, who were studying in

her class. Her evidence further discloses that at

one time, accused No.1 beat her with duster, as

she did not follow his directions. The first

information report (Exhibit – 16) was shown to

her during recording of her evidence and she

stated that the contents are as per her narration

and the said report bears her signature. Her

evidence further shows that Police came to her

school and inspected the spot. She was medically

examined by the doctor. When she was shown Article

No.2/1 Payjama, No.2/3 Underwear, No.2/2 Slip and

Article No.3 rice bag, she identified the same.

17. During the course of cross examination,

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
29

victim (PW-1) stated that she knows the watch

time, she came to the Court at about 11.30 a.m. to

12.00 noon on the day of recording her evidence.

She knew English months and the month in which her

evidence was recorded, was June. She further

stated that there used to be Summer vacation of

one and half months to them in each year. She

admits that school closes w.e.f. 15th April and

opens in the first week of June. She further

stated that her mother and friends were

accompanying with her at the time of filing

report. PW-2 and other three girls who were

studying in her class, were accompanying with her.

She lodged report in the Police Station. At the

time of filing report, she was not knowing full

name of Jadhav Sir (accused No.1) and Patil Madam

(accused No.2). Nobody has told her the full name

of accused at the time of filing of report. Victim

volunteered that when she entered in 7th standard,

at that time accused No.1 told his full name to

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
30

them. There used to be Diwali vacation for 8 days

to her school, but she does not remember exact

month. There were in all fourteen teachers in her

school including both accused. Their lunch recess

used to start at 1.30 p.m., the first short

recess of her school was at 12.00 `O’ clock and

the same was for 10 minutes. She stated that

accused No.2 Patil madam called her in the recess

at 12.00 O’clock. She further states that she was

present in the room of rice till half an hour and

during the said period, her school period was

started. According to her, half an hour means 5 to

10 minutes. The work of snapping her photographs

and the work of illegal act with her occurred

within half an hour and then she went to her class

room. She does not remember the exact period and

its subject going on in the class room when she

went to her class room. Pol madam was teaching in

the class room at that time. At that time PW-2 and

other named three girl students were present in

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
31

her class room. On the said day, the school closed

at about 5.00 to 5.30 p.m.

18. During further cross examination, victim

(PW-1) further stated that, she has shown the

place of incident to Police. She does not know the

word “panchanama”. She does not remember the exact

date on which she showed the spot to the Police.

She has shown the place of incident to Police at

about 12.00 noon to 1.00 p.m. Her photographs were

snapped by making to sit her on the broken bench.

She further stated that at first accused No.1 laid

her on the Gonpat and committed sexual act with

her and then snapped her photographs. Her mother

narrated incident to Police. She has read over the

contents of complaint narrated by her mother to

Police. She knows the month of December. She filed

a report two months after the incident. She does

not remember whether the incident occurred in the

month of December or not. On the day of incident,

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
32

she was in her school uniform when she went to her

school on the call of Kunal. She further stated

that she lodged a report after the report was

lodged by another victim girl (we would refer her

as “another victim girl-Y). She admits that she

narrated the incident to her mother and then they

came to Police Station for lodging report. One day

before filing report, she herself and her mother

went to hospital at Vashi for her medical

examination and lady doctor examined her. Lady

doctor asked her about the incident and she

narrated the incident to her. The incident

occurred once in room of rice and once in computer

room. She further stated that except rice room and

computer room, accused No.1 did not commit any

sexual act with her at any other place. She has

worn school uniform when incident in rice room was

occurred. She does not remember whether police

collected her school uniform from her or not. She

further stated that duster hit by accused No.1 was

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
33

struck on her head, she did not sustain bleeding

injury but suffered giddiness. She further stated

that she did not suffer any bleeding to her

private part when accused No.1 penetrated his

private part into her private part. She however

stated that she suffered pain. She admits that

villagers took a Morcha to the Police Station

after the incident. Further the defence has

brought on record certain omissions in her

evidence which she stated to the Police but not

mentioned in the FIR. She further stated that she

went to Police Station along with her mother and

5-6 girl friends by vehicle. She herself and her

girl friends took unanimous decision to go to

Police Station. She admits that 300 to 350

students were taking education in her school. She

stated that there were two windows to the rice

room but both the windows were in closed

condition.

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::

Cri. Apeal 934.14.doc
34

19. During further cross examination, victim

(PW-1) further stated that she did not narrate the

incident to Pol Madam. Her girl friends asked

where she went and she narrated the incident

to 5-6 girl friends. She does not remember whether

she sustained bleeding injury or other her clothes

were torn or not. She further stated that when she

went to Police Station at that time villagers,

some women and Sarpanch of her village were

present in the Police Station. She has stated

before the Police at the time of lodging report

that accused No.2 called her during the lunch

recess, accused No.1 gave call to accused No.2 and

accused No.2 removed the door bolt from the

outside, she narrated the incident to accused No.2

and accused No.2 told her that accused No.1 was

like her father. She was unable to assign any

reason as to why the aforesaid facts are not

written in her report (Exhibit-15).

::: Uploaded on – 02/11/2018 03/11/2018 02:07:23 :::

Cri. Apeal 934.14.doc
35

20. We have carefully perused the evidence of

victim girl (PW-1). As she was minor at the time

of recording her evidence, the trial Court has

taken every precaution and asked her certain

questions to ascertain whether she knows the

difference between true and false. Considering the

nature of case, the statement of informant victim

girl-X was recorded in camera. Though at the time

of recording evidence of the informant, mother of

the informant and one lady Police Officer were

present, if the provisions of the Protection of

Children from Sexual Offences Rules, 2012 are

perused, it provides that a support person to take

care of the child can accompany the child victim

during the course of proceedings. The informant

has specifically stated about the sexual assault

by accused No.1. She has specifically stated that

accused No.2 forced her to go into the rice room

and bolted the said room from the outside. The

record of the Trial Court shows that for entering

::: Uploaded on – 02/11/201803/11/2018 02:07:23 :::
Cri. Apeal 934.14.doc
36

in the rice room, one has to go through the office

of head mistress (accused Vanita). The victim

girl-X further stated that accused No.1 was

already present in the said rice room. She has in

clear words stated about the sexual assault

committed by accused No.1. Her evidence further

shows that accused No.1 snapped photographs of her

breast and private part on his mobile and

thereafter he gave call to accused No.2 who

removed the door bolt of the room from outside.

The evidence of PW-1 further shows that after some

days again she was called in the school by accused

No.1 and forced her to remove her clothes and

again snapped photographs of her breast and

private part on his mobile and threatened her not

to disclose the incident to anybody. Her evidence

further shows that at one time, as she did not

respond to the call of accused No.1 and did not

act as per his say, accused No.1 assaulted her by

throwing duster towards her in the class room

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
37

which struck on her head due to which she suffered

giddiness. Thus it appears that evidence of PW-1

is trustworthy and reliable. She had given

rational answers to the questions which were put

to her. So as to ascertain her competency to

depose before the Court. Though the prosecution

has brought on record few contradictions and

omissions regarding the spot, benches in the

school, date, month and year of the incidents, in

our opinion, the said contradictions and omissions

are of a minor nature and do not affect substratum

of the prosecution case.

21. The prosecution has examined PW-2 (name

is not disclosed), minor girl student. Before

recording her evidence the trial Court has

followed the same procedure which was followed

while recording the evidence of victim girl-X and

after satisfying itself, the trial Court has

recorded the evidence of PW-2. The evidence of

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
38

this witness was recorded in camera and mother of

witness and also one lady Police Officer were

present at the time of recording of the evidence.

22. The evidence of PW-2 shows that she

studied up-to 7th standard at Primary School, Mothi

Jui since 1st standard. Her evidence further shows

that she knows accused No.2, head mistress of the

school, accused No.1 – class teacher and she also

knows victim girl-X. Her evidence further shows

that when she was studying in 7th standard at that

time victim girl-X was studying with her and

another victim girl-X (who has filed separate

proceedings alleging similar allegations as to the

victim girl-X). Her evidence further supports the

evidence of victim girl-X regarding the timing of

her primary school including short recess and

lunch recess. Her evidence further shows that

accused No.1 was teaching them all subjects. She

was studying in 7th-A standard in which some boys

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
39

were also studying with her. Their class room was

adjacent to the office of accused No.2. The

computer room was also adjacent to her class room.

Her class room was in between the office of

accused No.2 and computer room. There was a

separate room for storying rice in her school.

23. The evidence of PW-2 further shows that

in her class room, there were 17 girl students

including her. Accused No.1 used to beat the boys

with rod and girls on buttock by hand. Accused

No.1 used to utter obscene words before the

students. There were benches in her class room.

Accused No.1 used to ask the girl students whether

they were taking air from beneath side if sat on

the bench. Accused No.1 used to stare at their

chest. Accused No.1 used to touch the chest of

girl students and due to the same, they felt

ashamed. She has named other girl students

including PW-5 who were studying with her. Her

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
40

evidence further shows that she along with other

girl students made complaints against accused No.1

to the headmistress – accused No.2, but accused

No.2 told them that Jadhav Sir was like their

father and further told not to take his talk

seriously.

24. The evidence of PW-2 further shows that

two months prior to the registration of offence,

she along with other girl students was playing in

the school premises during the lunch recess at

which time accused No.1 called the victim girl X

and took her in the rice room. Her evidence shows

that as she was playing with victim girl, so she

knew that accused No.1 called the victim girl.

Her evidence further shows that victim girl came

in their class room after some time. Her evidence

further shows that when asked, victim girl told

her that accused No.1 called her in the rice room

and behaved in indecent manner with ill motive.

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::

Cri. Apeal 934.14.doc
41

Her evidence further shows that after some days,

when she along with other girl students was

sitting in the Varanda in the school premises, at

that time accused No.2 called the victim girl by

saying that accused No.1 has called her for some

work and so victim girl-X went in the office

accused No.2. Accused No.2 took the victim girl-X

in the rice room and bolted the said room from

outside. Victim girl-X came to the class room

after one hour and at that time she was in

frightened condition. Her evidence further shows

that accused No.1 also called another victim girl

and when she went in the rice room accused No.2

bolted the door of rice room from the outside. Her

evidence further shows that at one time accused

No.1 pelted a duster towards the victim girl-X

which hit on the head of victim girl-X, due to

which she suffered giddiness. Her evidence further

shows that the victim girl in the present case and

another victim girl lodged reports and Police

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
42

recorded her statement. Police made inquiry with

her in presence of her mother. When photographs on

arrest memo were shown to her, she identified the

photographs of accused No.1 and accused No.2.

25. During the course of cross examination of

PW-2, she stated that her date of birth is 13 th

February, 2000. Police did not collect her birth

certificate from her parents. She admits that

victim girl-X and another victim girl were

attending the school after occurrence of incident

in the rice room as well as incident of pelting

duster by accused No.1 and uttering of obscene

words by accused No.1. She admits that accused

No.1 was teaching them including victim girl-X and

another victim girl-Y. She further admits that

after the afore said incidents victim girl-X and

another victim girl-Y were playing and taking meal

with them in the school. She further stated that

mother of victim girl-X had been to the school

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
43

after the incident of pelting duster by accused

No.1 towards victim girl-X. She personally did not

inform anybody about the aforesaid incident

including her parents. She further stated that she

knows time and watch. Victim girl-X and another

victim girl lodged reports in the Police Station

in the month of January. She further stated that

the incident of calling victim girl-X in the rice

room occurred during the lunch recess i.e. from

1.30 p.m. to 2.30 p.m. and the said incident took

place prior to two months of filing report. This

witness PW-2 was further cross examined by the

defence and brought some omissions on record

regarding her Police statement.

26. Thus after careful perusal of the

evidence of PW-2, it shows that she has given

minute details about her class room, computer

room, rice room, office of accused No.2 and fully

supported the version of victim girl-X. Though the

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
44

defence has brought on record some contradictions,

omissions and improvements in the evidence of PW-

2, those are of minor nature and therefore much

importance need not be given to the same. Thus the

evidence of PW-2 is reliable, trustworthy and

consistent with the prosecution case and the same

lends support to the version of PW-1 victim girl-

X.

27. The prosecution examined PW-3 (name is

not disclosed). As this witness was also minor,

before recording her evidence the trial Court has

followed the same procedure which was followed

while recording the evidence of victim girl-X and

after satisfying itself whether she was able to

give rational answers to the questions put to her,

the trial Court has recorded the evidence of PW-3.

The evidence of this witness was recorded in

camera and mother of witness and also one lady

Police Officer were present at the time of

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
45

recording of the evidence.

28. The evidence of PW-3 shows that, at the

relevant time when the incident took place, she

was studying in 7th-A class at primary school Mothi

Jui. There were 17 girls including her and 14 boys

studying in her class room. There were 14 teachers

in Z.P. primary school, Mothi Jui. Accused No.1

was their class teacher and accused No.2 was

headmistress. Her evidence shows that accused No.2

used to sit in her office in the school and her

class room of 7th – A standard was adjacent to the

office of headmistress Vanita and computer room

was adjacent to their class room. Her evidence

further shows, the school timing, recess timing.

Her evidence further shows that victim girl – X,

PW-4 and other girl students were studying in her

class room in 7th- A standard. Her evidence further

shows that accused No.1 while teaching them used

to taunt the girl students in filthy language and

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
46

he used to beat the girl students on buttock by

hand. Accused No.1 used to touch the chests of the

girls and used to ask whether the girl students

were undergoing M.C. period and whether to give

pills or tablets for it. Her evidence further

shows that they were sitting on the benches in the

school and accused No.1 used to tell them whether

they were taking air from the beneath if they sat

on the bench in the crossed legs. Due to such

taunts of accused Jadhav, the girl students

including her, feel ashamed. Her evidence further

shows that when the girl students made complaints

against accused No.1 to accused No.2, accused No.2

told them that Jadhav sir was like their father.

29. The evidence of PW-3 further shows that

accused No.1 used to stare at the chest of girl

students. Regarding the incident which took place

in computer room of the school, her evidence shows

that on the day of incident she was present in the

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
47

school Varandha. At that time victim girl-X was

also present there. Accused No.2 called and pushed

the victim girl-X inside the computer room and

bolted the door of computer room from outside. Her

evidence further shows that at the relevant time,

she was standing there and told accused No.2 that

accused No.1 was present inside the computer room

but accused No.2 scolded her and told to go in the

class room. Her evidence further shows that the

victim girl-X returned to the class room at about

4.00 p.m. when she was in frightened condition.

Her evidence further shows that two weeks

thereafter same incident took place with another

victim girl, accused No.2 called another victim

girl and compelled her to go in the computer room

and bolted the said room from outside.

30. During the course of cross examination,

PW-3 stated that the incident of taunting by

accused No.1 to the girl students occurred in the

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
48

month of December, 2012. She has further stated

that her mother was present with her in the Police

Station at the time of recording of her statement

and one Ashok Anna was also present. She further

stated that she has narrated the incident to Ashok

Anna and her mother.

31. Thus the evidence of PW-3 is also

consistent with the evidence of PW-1 and PW-2 and

lends support to the prosecution case. The

evidence of PW-3 shows that accused No.1 used to

behave in indecent manner with the girl students

and used to taunt them in filthy language. Further

the evidence of PW-3 shows that she witnessed the

incident of accused No.2 compelling victim girl-X

to go inside the computer room and bolting the

said room from outside.

32. PW-4 is another minor girl student who

was, at the relevant time studying in 7th standard

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
49

of the primary school Mothi Jui along with victim

girl-X. She has supported the version of PW-1,

PW-2 and PW-3. Her evidence shows that accused

No.1 was behaving in indecent manner and was

talking in filthy language with girl students. Her

evidence further shows that accused No.1 used to

touch her chest by holding her arms. Her evidence

further shows that at one time when she was in the

school, accused No.1 called her and asked whether

she was undergoing M.C. period and to tell him if

M.C. period is started. Regarding the incident

which took place in the rice room, the evidence of

PW-4 shows that accused No.2 called victim girl-X

and pushed her inside the rice room and bolted the

door of said room from outside. Her evidence

further shows that after 2-3 days when she asked

about the incident, victim girl-X told her that

accused No.1 behaved with her in indecent manner.

This witness was extensively cross examined by the

defence but nothing contrary was brought on

::: Uploaded on – 02/11/2018 ::: Downloaded on – 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
50

record.

35. Thus PW-4 has supported the version of

PW-1, PW-2 and PW-3. Though some contradictions

and omissions are brought on record in the

evidence of PW-4 by the defence, but those are

minor in nature and does not affect to the core of

the prosecution case.

36. PW-5 Pramila Satish Gade is the witness

to the spot panchanama (Exhibit – 22) of the rice

room in the school and she has proved the spot

panchanama. PW-6 is the minor boy student, who was

studying with victim girl-X, at the relevant time.

We would not disclose his name. PW-6 has supported

the version of prosecution witnesses PW-1 to PW-4.

His evidence shows that accused No.1 used to talk

with girl students in filthy language. His

evidence shows that on one day Jadhav sir asked

him to go to the house of victim girl-X and to

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
51

tell her secretly her that Jadhav was calling her

and therefore, he went to the house of victim

girl-X and told that accused No.1 was calling her

and accordingly she went to the school.

37. PW-7 is another minor girl student, who

was taking education at the relevant time in 7 th

standard along with victim girl-X. She has

supported the version of PW-1 to PW-4. Her

evidence shows that accused No.1 used to behave in

indecent manner with the girl students and used to

touch the chest of girls.

38. PW-8 Nitesh Balkrishna Ghase who is panch

to the spot panchanama (Exhibit-26) and seizure

panchanama (Exhibit-27) in respect of seizure of

gonpat from the spot, which was used by accused

No.1 while committing sexual assault on victim

girl-X. PW-9 Manish Vasant Ravaiya is panch

witness and he has proved the memorandum of

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
52

accused No.1 (Exhibit-32) and seizure panchanama

(Exhibit-33) regarding the seizure of clothes of

accused No.1, which he was wearing at the time of

incident, which were seized at the instance of

accused No.1. PW-10 Anil Khalchandra Patil is also

panch witness, who has proved the seizure

panchanama (Exhibit-36) regarding the seizure of

clothes of victim girl-X, which she was wearing at

the time of incident.

39. The prosecution has examined PW-11

Prashant Narayan Patil. He deposed that he was

called in the Police Station as panch for the

personal search of accused No.1. His evidence

shows that personal search of accused No.1 was

taken in his presence in which two mobiles were

found in possession of accused No.1, one of Sony

Ericson company and another of Karbon company. He

proved seizure panchanama (Exhibit – 39) regarding

seizure of said two mobiles.

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::

Cri. Apeal 934.14.doc
53

40. The evidence of PW-11 – Prashant further

shows that on 20th January, 2013, Uran Police

called him as panch in Police Station and police

produced two mobiles seized earlier in his

presence and another panch Ashok Patil. Police

opened the seal of the said mobiles. Police

attached the memory card of Sony Ericson company

mobile, to the laptop through card reader and

restored data recovery software in the laptop.

Then police opened the software and scanned the

memory card and found 4-5 folders. Then J.P.E.G.

camera file was found in the folder in which 128

recovered photographs were found. Then each

photographs were seen and photographs nos.115 to

127 were found in respect of obscene photographs

of the school girls. He proved panchanama

(Exhibit-40) regarding the obscene photographs.

When he was shown muddemal article No.1 mobile of

Sony Ericson Company along with memory card and

::: Uploaded on – 02/11/201803/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
54

Article No.2 mobile of Karbon company along with

memory card, he identified the same.

41. Thus through the evidence of PW-11 –

Prashant, the prosecution has brought on record

that there were about 13 obscene photographs of

the school girls in the mobile of accused No.1,

which were seized by the Police. Thus the evidence

of this witness supports the prosecution case that

accused No.1 used to take obscene photographs of

the girl students in his mobile phone.

42. PW-12 – Dr. Minakshi Rohit Sawant is the

Medical Officer who examined the victim girl-X

(PW-1). Her evidence shows that on 21st January,

2013 Uran Police referred victim girl-X to her

hospital for medical examination. The age of the

said girl was 13 years. The said girl was referred

to her hospital for medical examination in respect

of rape. She has taken history from the victim

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
55

girl and the victim girl stated before her the

history that teacher called her in an empty class

room, gave a toffee after which she got dizzy, but

did not loose consciousness and teacher touched

her chest, undressed her and himself and inserted

penis in her vagina and this happened once and he

took photographs of the incident. Her evidence

further shows that she examined the victim girl on

21st January, 2013 and on examination, she found

that the victim girl was conscious, co-operative,

well oriented to time, place and person. The

victim girl was not having any injury on her

private part and her sex characters were

developed. Her evidence further shows that hymen

of victim girl was torn having old tear and was

admitting one finger easily and two fingers but

with pains. No foreign body was found and no signs

of STD. Her evidence further shows that as per

history given by victim girl and as per her

medical examination, she was of the opinion that

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
56

hymen of the victim was torn and admits one finger

easily indicative of sexual assault.

43. Thus the evidence of Medical Officer (PW-

12 – Dr. Minakshi) shows that history of sexual

assault was given by the victim girl-X. PW-12

opined that hymen of victim was torn and admits

one finger easily, indicative of sexual assault.

44. Learned counsel appearing for the

Appellants submitted that the evidence of the

medical officer (PW-12) discloses that victim

girl-X was not having any injury on her private

part and therefore in the submission of learned

counsel, the alleged incident of sexual assault

did not happen at all. At this stage, it would be

useful to refer the observations of the Supreme

Court in the case of Ranjit Hazarika V/s State of

Assam15. In the facts of the said case of Ranjit

15 (1998) 8 SCC 635

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
57

Hazarika, the prosecutrix, a young girl of 14

years of age was subjected to the rape by the

appellant therein. In para-5 of the Judgment it is

observed thus:

“5. The argument of the learned counsel for
the appellant that the medical evidence belies
that testimony of the prosecutrix and her
parents does not impress us. The mere fact
that no injury was found on the private parts
of the prosecutrix or her hymen was found to
be intact does not belie the statement of the
prosecutrix as she nowhere stated that she
bled per vagina as a result of the penetration
of the penis in her vagina. She was subjected
to sexual intercourse in a standing posture
and that itself indicates the absence of any
injury on her private parts. To constitute the
offence of rape, penetration, however slight,
is sufficient. The prosecutrix deposed about
the performance of sexual intercourse by the
appellant and her statement has remained
unchallenged in the cross-examination. Neither
the non-rupture of the hymen nor the absence
of injuries on her private parts, therefore,
belies the testimony of the prosecutrix
particularly when we find that in the cross-
examination of the prosecutrix, nothing has

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
58

been brought out to doubt her veracity or to
suggest as to why she would falsely implicate
the appellant and put her own reputation at
stake. The opinion of the doctor that no rape
appeared to have been committed was based only
on the absence of rupture of the hymen and
injuries on the private parts of the
prosecutrix. This opinion cannot throw out an
otherwise cogent and trustworthy evidence of
the prosecutrix. Besides, the opinion of the
doctor appears to be based on “no reasons”.”

45. In present case, the prosecution has

brought on record sufficient medical evidence

disclosing that hymen of the victim girl-X was

torn having old tear, indicative of sexual

assault. Therefore, we find no substance in the

submissions of learned counsel in that behalf.

46. PW-13 Rani Laxman Puri was working as

P.S.I. at Panvel Town Police Station at the

relevant time. This lady Police Officer has

recorded supplementary statement of victim girl on

25th January, 2013. Her evidence further shows that

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
59

she recorded statements of witnesses including the

victim girl-X on different dates from 23rd January,

2013 to 28th January, 2013.

47. PW-14 Shashikant Devrao Borate, A.C.P. at

Port Division Navi Mumbai at the relevant time,

was the Investigating Officer in this crime. He

deposed about the manner in which he has carried

out the investigation. PW-15- Sudam Ganu Avate was

Senior P.I. at Uran Police Station at the relevant

time, who recorded the first information report

(Exhibit-16) of victim girl-X and registered the

offence vide Crime No.13/2013.

48. Thus prosecution has brought on record

sufficient evidence against accused No.1 and

accused No.2. Victim girl-X (PW-1) has

specifically stated about the indecent behaviour

of accused No.1 and sexual assault committed by

him. The evidence of PW-1 discloses that accused

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
60

No.1 used to take her obscene photographs. The

evidence of PW-1 further discloses that at the

time of incident of sexual assault by accused

No.1, she was forced to go in the rice room by

accused No.2 and thereafter accused No.2 bolted

the said rice room from outside and thus the

prosecution has convincingly proved that accused

No.2 abetted to accused No.1 in the commission of

the offence of sexual assault. The other minor

school girls who were studying in the class of

victim girl-X, at the relevant time i.e. PW-2, PW-

3, PW-4 and PW-6 have supported the version of

victim girl-X. The evidence of PW-2 shows that she

was present when accused No.1 took victim girl-X

to the rice room. PW-3 stated that she was present

when accused No.2 pushed victim girl-X inside the

computer room and bolted the door of the computer

room from outside and at the relevant time,

accused No.1 was present inside the computer room.

PW-4 deposed that accused No.2 pushed victim girl-

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::

Cri. Apeal 934.14.doc
61

X inside the rice room and bolted the door of the

rice room from outside. Even PW-6 supported the

version of PW-1 that on one Sunday on the say of

accused No.1, he went to the house of victim girl-

X and told her to go to the school and as per his

message, victim girl-X went to the school. Thus

all these prosecution witnesses i.e. PW-2, PW-3,

PW-4 and PW-6 have supported the version of PW-1.

They all have stated in clear words that accused

No.1 used to behave in indecent manner with the

girl students and used to snap obscene photographs

of the girl students in his mobile phone. The

prosecution has brought on record through the

evidence of PW-11 Prashant, that in the memory

card of the mobile phone of accused No.1, as many

as 13 obscene photographs of girls were found.

Regarding the incident of sexual assault, as

observed earlier, the victim girl-X has

specifically stated that accused No.2 asked her to

go in the rice room on the pretext of cleaning the

::: Uploaded on – 02/11/201803/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
62

said room and when she went in the said room,

accused No.2 bolted the door of the said room from

outside. Accused No.1 was already present in the

said room. Accused No.1 stripped her clothes and

laid her on a mattress (gonpat). Accused No.1 also

removed his clothes and penetrated his private

part into her private part. The evidence of victim

girl-X is reliable, trustworthy and inspiring

confidence. Nothing significant has been suggested

by the defence, as to why her oral testimony

should not be believed, or why she would falsely

implicate the appellants by putting her reputation

at stake. Therefore, the evidence of victim girl

inspires confidence. It is the settled position in

the law that, if evidence of the victim of sexual

assault inspires confidence, it must be relied

upon even without seeking corroboration of her

statement in material particulars. Minor

contradictions and insignificant discrepancies in

the statement of the victim, which are not of

::: Uploaded on – 02/11/201803/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
63

fatal nature, shall not be used to throw out an

otherwise reliable prosecution case. It is

pertinent to note that in present case, the oral

testimony of victim girl is corroborated by as

many as three prosecution witnesses. Accused No.1

was teacher in the school where victim girl-X was

prosecuting her studies and taking undue advantage

of the said dominating position as class teacher

of class of victim girl-X with the help of accused

No.2, he has committed sexual assault on the

victim girl-X. Thus the prosecution has proved

beyond reasonable doubt that the accused No.1 had

committed an offence punishable under Section

376(2)(b) of the IPC read with section 5(c), 6 of

the POCSO Act. The prosecution has also proved

that accused No.1 has committed offence punishable

under Sections 292, 509 of IPC read with section

14 of the POCSO Act read with 67 B of Information

Technology Act, so also the offence punishable

under Sections 342 and 354 of IPC.

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::

Cri. Apeal 934.14.doc
64

49. The prosecution has brought on record

sufficient evidence against accused No.2, showing

that accused No.2 has taken active part and fully

supported accused No.1 in commission of offence of

sexual assault. She abetted accused No.1 in

commission of offences as alleged by the

prosecution. The prosecution, by bringing on

record sufficient, cogent and trustworthy evidence

has proved that, accused No.2 had committed an

offence punishable under Section 376(2)(b), 109 of

IPC read with section 5(c), 6, 17 of the POCSO

Act. The prosecution has further proved that

accused No.2 had committed an offence punishable

under Section 292, 509, 109 of IPC read with

Section 14 and 17 of the POCSO Act read with

section 67 B of the Information Technology Act, as

also the offence punishable under Section 342 of

IPC.

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::

Cri. Apeal 934.14.doc
65

50. As observed earlier, victim girl-X was

taking education in the school where accused Nos.1

and 2 were the teachers. Thus, victim girl-X was

in exclusive custody of accused Nos.1 and 2 when

she used to be in the school. Taking undue

advantage of the position being teacher, accused

No.1 committed sexual assault on girl student i.e.

victim girl-X, and in the said commission of

offence, accused No.2 had abetted accused No.1 and

thus, actively participated in the commission of

said offence. At this stage, it would be useful to

refer the observations made by the Supreme Court

in the case of Mohan Lal and another V/s State of

Punjab16. Para 17 and 18 of the judgment reads as

under :-

“17. The requirement of education for girls and
the functions of a teacher have been dealt with
and explained at some length by this Court in
Avinash Nagra v. Navodaya Vidyalaya Samiti,
which read as follows: (SCC pp. 541-42, paras

16 (2013) 12 SCC 519

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
66

11-12)

“11. It is in this backdrop, therefore,
that the Indian society has elevated the
teacher as ‘Gurur Brahma, Gurur Vishnu,
Gurur Devo Maheswaraha’. As Brahma, the
teacher creates knowledge, learning,
wisdom and also creates out of his
students, men and women, equipped with
ability and knowledge, discipline and
intellectualism to enable them to face the
challenges of their lives. As Vishnu, the
teacher is preserver of learning. As
Maheswara, he destroys ignorance.
Obviously, therefore, the teacher was
placed on the pedestal below the parents.
The State has taken care of service
conditions of the teacher and he owes dual
fundamental duties to himself and to the
society. As a member of the noble teaching
profession and a citizen of India he
should always be willing, self-
disciplined, dedicated with integrity to
remain ever a learner of knowledge,
intelligently to articulate and
communicate and imbibe in his students, as
social duty, to impart education, to bring
them up with discipline, inculcate to

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
67

abjure violence and to develop scientific
temper with a spirit of enquiry and reform
constantly to rise to higher levels in any
walk of life nurturing constitutional
ideals enshrined in Article 51-A so as to
make the students responsible citizens of
the country. Thus the teacher either
individually or collectively as a
community of teachers, should regenerate
this dedication with a bent of
spiritualism in broader perspective of the
constitutionalism with secular ideologies
enshrined in the Constitution as an arm of
the State to establish egalitarian social
order under the rule of law. Therefore,
when the society has given such a
pedestal, the conduct, character, ability
and disposition of a teacher should be to
transform the student into a disciplined
citizen, inquisitive to learn,
intellectual to pursue in any walk of life
with dedication, discipline and devotion
with an enquiring mind but not with blind
customary beliefs. The education that is
imparted by the teacher determines the
level of the student for the development,
prosperity and welfare of the society. The
quality, competence and character of the
teacher are, therefore, most significant

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
68

to mould the calibre, character and
capacity of the students for successful
working of democratic institutions and to
sustain them in their later years of life
as a responsible citizen in different
responsibilities. Without a dedicated and
disciplined teacher, even the best
education system is bound to fail. It is,
therefore, the duty of the teacher to take
such care of the pupils as a careful
parent would take of its children and the
ordinary principle of vicarious liability
would apply where negligence is that of a
teacher. The age of the pupil and the
nature of the activity in which he takes
part are material factors determining the
degree and supervision demanded by a
teacher.

12. It is axiomatic that percentage of
education among girls, even after
independence, is fathom deep due to
indifference on the part of all in rural
India except some educated people.
Education to the girl children is nation’s
asset and foundation for fertile human
resources and disciplined family
management, apart from their equal

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
69

participation in socio-economic and
political democracy. Only of late, some
middle class people are sending the girl
children to co-educational institutions
under the care of proper management and to
look after the welfare and safety of the
girl. Therefore, greater responsibility is
thrust on the management of the schools
and colleges to protect the young
children, in particular, the growing-up
girls, to bring them up in disciplined and
dedicated pursuit of excellence. The
teacher, who has been kept in charge,
bears more added higher responsibility and
should be more exemplary. His/her
character and conduct should be more like
Rishi and as loco parentis and such is the
duty, responsibility and charge expected
of a teacher. The question arises whether
the conduct of the appellant is befitting
with such higher responsibilities and as
he by his conduct betrayed the trust and
forfeited the faith whether he would be
entitled to the full-fledged enquiry as
demanded by him? The fallen standard of
the appellant is the tip of the iceberg in
the discipline of teaching, a noble and
learned profession; it is for each teacher
and collectively their body to stem the

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
70

rot to sustain the faith of the society
reposed in them. Enquiry is not a panacea
but a nail in the coffin.”

(emphasis added)

18. As there was a fiduciary relationship
between the accused and the prosecutrix being
in their custody and they were trustees, it
became a case where the fence itself eats the
crop and in such a case the provisions of
Section 114-A of the Evidence Act, 1872
(hereinafter referred to as “the Evidence Act”)
(which came into effect from 25-12-1983) are
attracted. Undoubtedly it is a case which
provides for a presumption against any consent
in a case of rape even if the prosecutrix girl
is major, however, every presumption is
rebuttable, and no attempt had ever been made
by any of the appellants or other accused to
rebut the said presumption.”

51. The defence has challenged the

prosecution case on the ground that there has been

delay of about two months in filing the first

information report. In this respect, it is

pertinent to note that the victim girl-X was the

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
71

minor girl of aged about 13 years taking education

in the primary school and the sexual assault was

committed by her teacher. It appears that, the

victim girl is coming from socio-economically

backward family residing in the village with

mother, two sisters and brother. It has come on

record that, at the relevant time her father was

no more. She was threatened of dire consequences

by accused No.1 if she would disclose the incident

to anybody. Therefore, it is apparent that due to

fear victim girl-X did not disclose the incident

to her mother and, when another victim girl lodged

first information report in the Police Station

against the accused persons, then she got courage

and filed first information report against the

accused persons. Therefore, delay has been

occurred in filing the first information report in

afore stated circumstances, which is not fatal to

the prosecution case as the case is of sexual

assault on a minor girl. The Supreme Court in the

::: Uploaded on – 02/11/2018 ::: Downloaded on – 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
72

case of Mohd. Ali alias Guddu vs. State of Uttar

Pradesh (supra), in Para 21 of the Judgment, held

thus:

“21. It is apt to mention here that in rape
cases the delay in filing the FIR by the
prosecutrix or by the parents in all
circumstances is not of significance. The
authorities of this Court have granted
adequate protection/ allowance in that
respect regard being had to the trauma
suffered, the agony and anguish that creates
the turbulence in the mind of the victim, to
muster the courage to expose oneself in a
conservative social milieu. Sometimes the
fear of social stigma and on occasions the
availability of medical treatment to gain
normalcy and above all the psychological
inner strength to undertake such a legal
battle. But, a pregnant one, applying all
these allowances, in this context, it is apt
to refer to the pronouncement in Rajesh
Patel vs. State of Jharkand 17 wherein in the
facts and circumstances of the said case,
delay of 11 days in lodging the FIR with the
jurisdictional police was treated as fatal
as the explanation offered was regarded
17 (2013) 3 SCC 791

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
73

totally untenable. This Court did not not
accept the reasoning ascribed by the High
Court in accepting the explanation as the
same was fundamentally erroneous.”

52. In the present case though there is delay

of about two months in lodging the FIR,

considering the facts and circumstances of the

case as discussed herein above in paragraph 51,

and also considering the fact that the victim was

minor girl of about 12 years of age at the

relevant time of commission of offence of sexual

assault, which was committed by her teacher, who

was supposed to be her custodian and guardian

during school hours, the delay in lodging the FIR

was not fatal to the prosecution case and same has

been properly explained.

53. Learned counsel appearing for the

appellants have challenged the oral testimony of

the victim girl-X on the ground that, she has not

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
74

specifically stated the date and time of the

incident. In this respect, it is to be noted that

she was minor school going girl, residing in the

village in a family having socio-economical

backwardness, taking education in 7 th standard, and

in such tender age offence of sexual assault was

committed with her, which with certainty can be

said mental trauma to her. Therefore, merely non

mentioning of time and date would not nullify over

whelming evidence of victim girl-X and other

prosecution girl witnesses supported by the

medical evidence and other evidence brought on

record by the prosecution.

54. Learned counsel for the Appellants

further submitted that the Appellants have been

falsely implicated in the incident alleged to have

been occurred on Sunday, as on Sunday every school

remains closed. In this respect, if evidence of

PW-6 is considered, he has specifically stated

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
75

that accused No.1 used to come in the school on

Sundays also. Further through the evidence of

PW-6, the prosecution has proved that on Sunday

as per the say of accused No.1, PW-6 went to the

house of victim girl-X to call her to the school.

55. So far as the submissions of learned

counsel appearing for the Appellants that the

prosecution witnesses PW-2, PW-3, PW-4, PW-6 and

PW-7 did not support the evidence of PW-1 are

concerned, we are not in agreement with the said

submissions. We have already discussed in detail

the evidence of aforesaid witnesses and we are of

the considered view that, those witnesses have

fully supported the version of the victim girl-X.

56. Learned counsel appearing for the

Appellants have also submitted that the

prosecution case is politically motivated and the

accused – Appellants are falsely implicated at the

::: Uploaded on – 02/11/2018 03/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
76

instance of Sarpanch of the village namely Ashok

Patil. It is pertinent to note that though the

prosecution witnesses have admitted that during

the process of filing FIR and recording their

statements by the police said Sarpanch Ashok was

present with them, but the defence has not brought

on record material in defence showing that there

was an enmity between said Ashok and the accused

persons. The victim girl-X, the prosecution

witnesses who were the minor girls and their

parents all were the residents of village, and it

is a matter of common knowledge that such

villagers had no courage to face such uncommon

incidents, and so in such a situation they always

try to take the assistance of known person/s in

the village when they had to go to police station

for lodging report of such heinous crime. It is

significant to note that the evidence on the

record shows that father of victim girl-X was no

more when the incident took place and thus there

::: Uploaded on – 02/11/201803/11/2018 02:07:24 :::
Cri. Apeal 934.14.doc
77

was no male member in her family. Therefore there

is nothing abnormal that while filing the FIR the

victim girl-X and so also other girl student, when

went to lodge FIR, said Ashok who was the Sarpanch

of the village at the relevant time was present in

the Police Station. It needs to be remembered

that if such ghastly and heinous crimes take place

in the villages, it creates serious impact on the

minds of the villagers and puts question marks on

future of minor victim girls, in view of socio-

economical backwardness existing in villages.

57. Thus, as observed earlier, after

considering the entire evidence brought on record

by the prosecution, it is clear that the evidence

of victim girl-X is consistent, reliable and

trustworthy. She has specifically stated that

accused No.1 committed sexual assault with her and

in the said process, accused No.2 had abetted

accused No.1 and thus, actively participated in

::: Uploaded on – 02/11/201803/11/2018 02:07:25 :::
Cri. Apeal 934.14.doc
78

the commission of said offence. The version of

victim girl-X is fully corroborated by the oral

account of PW-2, PW-3, PW-4, PW-6 and PW-7. The

evidence of minor prosecution witnesses is

consistent with each other. Though all the above

prosecution witnesses were minor including the

victim girl-X, the Trial Court after taking every

precaution in that respect, recorded their

evidence and their evidence is consistent,

trustworthy and reliable. The prosecution has

convincingly proved that at the time of assault

victim girl-X was minor as at the relevant time

she was taking education in 7th standard. Further

the prosecution has brought on record the bona

fide certificate (Exhibit-68) showing her date of

birth as 23rd January, 2000, and the incident of

sexual assault took place in the month of

December, 2012. Thus at the time of said incident,

the age of victim girl-X was about 12 years. Thus,

the offence under the relevant provisions of the

::: Uploaded on – 02/11/201803/11/2018 02:07:25 :::
Cri. Apeal 934.14.doc
79

POCSO Act has been proved. Even the evidence of

PW-12 Dr. Minakshi lends support to the version of

the victim girl-X. This medical officer has

specifically stated that upon her examination, she

noticed that hymen of victim girl-X was torn

having old tear. Thus this Medical Officer has

also supported the case of the prosecution,

including other witnesses.

58. The evidence of minor victim girl-X so

also the other minor prosecution witnesses who

were studying in the class of victim girl-X shows

that accused No.1 used to snap their obscene

photographs and in the said process accused No.2

actively supported him. Their said contention is

further supported by the evidence of PW-11

Prashant, who has specifically stated that when

the mobile phone of the accused No.1 was checked,

it was found that there were as many as 15 obscene

photographs of girl students. Though the

::: Uploaded on – 02/11/2018 03/11/2018 02:07:25 :::
Cri. Apeal 934.14.doc
80

prosecution has not specifically proved that the

said photographs were of the victim girl-X or that

of the other prosecution witnesses who were minor

girl students, but accused No.1 being in the

profession of a teacher of the school, was having

no reason to have such photographs in his mobile

phone. Even the defence has neither denied nor

given any explanation why such objectionable

photographs were in the mobile phone of accused

No.1. Thus, the prosecution has brought on record

sufficient evidence to prove the offence against

accused Nos.1 and 2.

59. We have carefully perused the impugned

Judgment. The trial Court has considered all the

evidence brought on record and rightly convicted

and sentenced both the accused for the offences as

afore-stated. After considering the entire

evidence, the trial Court has observed that

complainant has specifically deposed the role

::: Uploaded on – 02/11/2018 03/11/2018 02:07:25 :::
Cri. Apeal 934.14.doc
81

played by accused No.2 in the commission of crime

and evidence on record clearly shows that accused

No.2 abetted accused No.1 in committing aggravated

penetrative sexual assault on complainant minor

girl and for snapping obscene photographs of

complainant on mobile. The trial Court has further

observed that if accused No.2 had not pushed the

complainant inside the rice room or computer room

and had not bolted the door of the said rooms,

then the incident of rape or snapping obscene

photographs would not have occurred. The trial

Court has thus observed that accused No.2 is also

responsible for the commission of offence along

with accused No.1. Thus, the trial Court has held

accused No.1 and accused No.2 responsible for the

offence punishable as observed in Para Nos.1 and 2

of the Judgment, and sentenced them as afore-

stated.

::: Uploaded on – 02/11/201803/11/2018 02:07:25 :::

Cri. Apeal 934.14.doc
82

60. Upon considering the evidence in its

entirety, we are of the considered opinion that

the findings recorded by the trial Court are in

consonance with the evidence brought on record and

therefore we do not think it necessary to cause

interference in the findings recorded by the trial

Court in convicting and sentencing original

accused Nos.1 and 2, and therefore, Criminal

Appeal No.934 of 2014 and Criminal Appeal No.919

of 2014 are liable to be dismissed.

61. So far as Criminal Appeal No.160 of 2015

filed by the State for enhancement of sentence is

concerned, we are of the opinion that considering

the evidence and nature of offence the trial Court

has convicted and sentenced both the accused

persons for the imprisonment of ten years

including other sentences. The sentence awarded by

the trial Court is appropriate and no case is made

out for enhancement of sentence. Thus, Criminal

::: Uploaded on – 02/11/2018 03/11/2018 02:07:25 :::
Cri. Apeal 934.14.doc
83

Appeal No.160 of 2015 is also liable to be

dismissed.

62. In the light of discussion made herein

above, we do not find that there is any substance

in the Appeals filed by both the Appellants and

the Appeal filed by the State. Accordingly,

Criminal Appeal No.934 of 2014, Criminal Appeal

No.919 of 2014 and Criminal Appeal No.160 of 2015

stand dismissed.

[A.S. GADKARI, J.] [S.S. SHINDE, J.]

::: Uploaded on – 02/11/2018 03/11/2018 02:07:25 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation