Sau. Jamuna Ashok Awachar vs State Of Maharashtra, Thr. P.S.O. ...
2017 Latest Caselaw 4201 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

                     CRIMINAL REVISION NO.154/2016

     Sau. Jamuna Ashok Awchar,
     aged 30 years, Occ. Household work,
     r/o Malegaon, Tq. Malegaon, 
     Dist. Washim.                                            .....APPLICANT
                               ...V E R S U S...
     State of Maharashtra, through
     Police Station Officer, Police Station
     Malegaon, Dist. Washim.                                  ...NON APPLICANT
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 Mr. S. V. Sirpurkar, Advocate for applicant. 
 Ms T. Udeshi, A.P.P. for non applicant.  
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                               CORAM:- V. M. DESHPANDE, J.

DATED :- 07.07.2017 ORAL JUDGMENT

1. Rule. Rule is returnable forthwith. Heard finally by

consent of the parties.

2. A crime was registered vide Crime No. 230/2015 for

the offence punishable under Section 354-A, 294, 506 read with

Section 34 of the Indian Penal Code and under Section 12 of the

Protection of Children from Sexual Offences Act. The FIR was

registered with Police Station, Malegaon on the report lodged by

the victim girl. After investigation, the final report is already filed

before the Court of law. In the charge-sheet, the present applicant

is shown as accused no.2.

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Admittedly, the present applicant is step mother of the

victim who resides away from her real mother and her father is

also one of the accused in the crime.

After completion of the investigation, since according to

the present applicant, there was no evidence against the present

applicant, the application for discharge was filed before the

learned Additional District Judge, Washim. The said application

was filed below Exh.-18. The learned Additional Sessions Judge,

Washim on 30.08.2010, allowed the application for discharge and

accordingly the applicant was discharged from Section 12 of the

POCSO Act and Section 354-A and 294 of the IPC. However, it is

directed that the trial should proceed against the present applicant

for the offence punishable under Sections 323 and 506 of the IPC.

Feeling aggrieved by the order not discharging the

applicant completely, the applicant is before this Court.

3. The learned A.P.P. has submitted that the charge is

already framed by the learned Additional Sessions Judge, Washim

against the present applicant for the offence punishable under

Section 323 and 506 of the IPC.

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4. With the assistance of the learned counsel for the

parties, I have gone through the FIR dated 30.12.2015 filed by the

victim. There are no allegations of whatsoever nature against the

applicant. Only a vague statement is there that if the victim is not

leaving the house of the present applicant, she will be done to

death.

The learned A.P.P. could not point out any other

material to show that the applicant can be held guilty for the

offence punishable under Section 323 of the IPC.

5. In that view of the matter, this is a fit case wherein this

Court should exercise its discretion in favour of the applicant.

Hence, the revision is allowed. The applicant stands discharged

from Sessions Trial No.36/2016 pending on the file of Additional

Sessions Judge, Washim. The applicant is discharged of the

offence punishable under Section 323 and 506 of the IPC.

Rule is made absolute in the above terms. No order as

to costs.

JUDGE

kahale