Observing that in a molestation case the intention of the accused person can be determined only by the trial court after hearing the deposition of the victim girl, the Bombay High Court today refused to quash a molestation case registered against Machindra Chate, one of the directors of Chate Coaching Classes.
A division bench of Justices N H Patil and V L Achliya was hearing a petition filed by Chate seeking to quash the case registered against him with the Bhoiwada police on January 30, 2013.
According to Chate, on the day the FIR was filed there was a meeting between teachers of the coaching class and parents of students studying there. “There was some problem in the meeting following which few parents and three girl students forcibly entered Chate’s office and started physically and verbally abusing him. In the scuffle, Chate had also abused the parents and asked them to leave his office,” the petition said.
On the same day, Chate went to Bhoiwada police and lodged a case against the parents. However, he was later informed that one of the girl students had lodged a counter case against him and alleged that he had molested her. The bench, however, opined that at this stage the high court cannot decide whether the accused person had intention of molesting the victim or it was just a misunderstanding.
“That is for the trial court to decide after hearing the victim girl’s deposition. It all depends on what the girl says. In this case the girl in her complaint has said the accused person indulged in a shameful act. At this stage to ask the girl to explain in detail what was the shameful act is not permissible. The high court cannot now go into evidence,” the court said.
The bench suggested Chate’s lawyer Krishna Holambe Patil to approach the Sessions court with a discharge application since chargesheet has been filed in the case. Patil agreed and withdrew the petition. (PTI).