Judgements

New Delhi:- Judgment Overview

COURT  NAME:- Supreme Court of India (Division Bench (DB)- Two Judge)

CASE NAME:- The State of Maharashtra & Anr. Versus Dr. Maroti s/o Kashinath Pimpalkar Appeal (Crl.), 1874 of 2022,

JUDGEMENT  DATE:-  Nov 02, 2022

RELATED  SECTION:-

INDIAN PENAL CODE, 1860

CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)

Section 376 – Punishment for rape,

Protection of Women from Domestic Violence Act, 2005

IMPORTANT  PARAGRAPHS:-

C.T. RAVIKUMAR, J.

1. Leave granted.
2. This Court in Shalu Ojha v. Prashant Ojha observed: “This is an unfortunate case where the

provisions of the Protection of Women from Domestic Violence Act, 2005 are rendered simply a pious hope of

the Parliament and a teasing illusion for the appellant”. Even while, borrowing those words, we may say, we are

not peeved, but certainly pained, as a legitimate prosecution under another Act viz., the Protection of

Children from Sexual Offences Act, 2012 (for short “POCSO Act”), has been throttled at the threshold by the

exercise of power under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), without

permitting the materials in support to it to see the light of the day in respect of misprision of sexual assault against

minor tribal girls in a girls’ hostel. As per the impugned judgment, the High Court of Judicature at Bombay,

Nagpur Bench in Criminal Application (APL) No.841 of 2019 dated 20.04.2021 quashed FIR No.185 of 2019

dated 12.04.2019 of Rajura Police Station and the final report filed thereon under Section 173(2), Cr.P.C. qua the

Respondent. The raison d’etre for the said opening remarks would be unraveled by the factual narration and

the legal analysis to be made hereinafter.

The stated chargesheet was laid on investigation in FIR No.185/2019 registered at Rajura Police Station, Distt.

Chandrapur, for the offences under Section 376AB of the Indian Penal Code, 1860, Section 4 and 6 of POCSO Act,

Section 3(1)(w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and

Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori

Practices and Black Magic Act, 2013. We may hasten to add that it was filed under those Sections against the first

five accused and in fact, the Respondent herein was arraigned as the 6th accused thereunder, essentially for

the failure to report the commission of the offence under the POCSO Act (then, of course by unknown persons), in

compliance with the legal obligation under Section 19 (1) of POCSO Act, punishable under Section 21 (1) thereof.

The stated FIR came to be registered against unidentified person(s) on the accusation of commission of

sexual offences against minor tribal girls who were students of Infant Jesus English Public High School, Rajura

residing in its girls’ hostel. The complaint was lodged by one Rajesh Tulsidas Dhotkar, Assistant Project Officer,

Integrated Tribal Development Project, Chandrapur. According to the appellant, on 06.04.2019 the said officer

received a telephonic information from Chhaban Pandurang Pachare, the Superintendent of the said hostel

which is under the control of the Integrated Tribal Development Project, Chandrapur that one girl studying in

the 3rd standard and another studying in the 5th standard, of the said school were not keeping well. Immediately,

he visited the hospital where they were admitted. Later, he received letter No. 3392/2019 dated 10.02.2019

revealing that the students were shifted from Rural Hospital Rajura to General Hospital, Chandrapur owing to

their deteriorating health condition. From the General Hospital, Chandrapur a medical certificate was issued to

the effect that there is suspicion of sexual abuse. Thereupon, the Project Officer, Integrated Tribal

Development Project, Chandrapur authorised him to lodge the complaint and accordingly, it was laid. We may state

at this juncture that going by Criminal Application (APL) No.841/2019, filed along with the present Appeal as

Annexure-P3, the parents of the victims were not happy with the investigation in the crime and they filed . continue reading to download the full Judgement  

DOWNLOAD FULL JUDGEMENT:- CLICK HERE 

THE STATE OF MAHARASHTRA

VISIT :- WWW.HAMILAWHOUSE.COM

IF YOU ARE LAW ASPIRANTS JOIN TEST SERIES :- https://www.hamilawhouse.com/hami-law...

IF YOU ARE LAWYER OR ADVOCATE JOB SEEKER :- https://www.hamilawhouse.com/category...

IF YOU ARE ADVOCATE READ JUDGEMENT :- https://www.hamilawhouse.com/category...

Statement given to officers under NDPS act not valid-Supreme Court ;- https://www.hamilawhouse.com/statemen.