Click here to join Express Pune WhatsApp channel and get a curated list of our stories
© The Indian Express Pvt Ltd
Tags:
Journalism of Courage
A former judge, who was booked on charges of raping a minor girl from the same building in Pune in 2014, tried his best to escape punishment.
However, a special court in Pune held him guilty in December 2016 under sections of the Prevention of Children from Sexual Offences (Pocso) Act and sentenced him to three years of rigorous imprisonment (RI).
The case dates back to July 30, 2014, when the mother of the girl lodged the First Information Report (FIR) against the former judge at a police station in Pune.
Based on the complaint filed by the mother, the police booked the former judge under Section 376 (n) of the Indian Penal Code (IPC), sections of the Pocso Act as well as sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as the girl was a Dalit.
The police said the accused, who was then in his thirties, was a judge at a magistrate court but was suspended due to his misconduct in 2013. The accused lived with his wife and daughter at a residential society in Pune. They had a good relationship with the victim’s family residing in the same building.
As per police records, the wife of the accused went to her parent’s house in June 2014 to deliver her child. During this period, the accused allegedly lured the victim to his house on the pretext of giving her gold ornaments and a cell phone, and guiding her for competitive exams. He then allegedly sexually assaulted the girl and threatened to harm her if she mentioned the incident to anybody.
Police records show the victim had also sent several text messages to the accused. The victim girl’s elder sister saw one of these messages and informed her mother. That particular message was sent nearly three weeks before the FIR was lodged in the case.
After the girl’s mother lodged the complaint with the police, the accused went absconding and tried to seek anticipatory bail. But after the Bombay High Court and Supreme Court refused to grant him anticipatory bail, he surrendered before the police in November 2014. The police filed a chargesheet against him in February 2015.
The police said he appeared before the court on a stretcher saying he was injured in an accident. The accused also managed to get admitted to the Sassoon General Hospital claiming a fracture in his leg, thus avoiding police custody.
As the accused knew about the legal system, senior lawyer Pratap Pardeshi was appointed as the special public prosecutor (SPP) in this case. The accused represented himself before the court during the trial and even cross-examined witnesses.
On December 23, 2016, a special judge in Pune passed an order holding the accused guilty under sections of the Pocso Act and awarded him three years RI. However, the court acquitted him for offences alleged against him under Section 376 (n) of IPC and sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The court observed medical evidence in this case did not establish the case of rape. The court also observed there was no material on record to show that the accused had insulted the victim over her caste.
In the judgement, the court also referred to several messages that the victim girl had sent from her family members’ cell phones to the accused. The court stated, “….If a person aged about 35 years is receiving such type of messages from the minor girl aged about 15 years, then it was his bounden duty to oppose or to stop the act of victim girl”.
“He should have told the victim girl that she should not send such messages to him as he was a married person with children. He had not disclosed the fact to her parents or his wife that the victim girl had been sending such messages or love letters to him. Instead of making a complaint against the minor victim girl to her parents or his wife, he continued receiving the messages and love letters. This act/conduct shows the intimacy of the accused too, towards a minor girl and also shows his sexual intent,” said the court.
Advocate Pradeshi said they examined 11 witnesses in this case. “It was a sensitive matter and the accused was well aware of the law. ACP Milind Mohite conducted a proper investigation,” he added.
