1 Criminal Application No.1831/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1831 OF 2011 Promod s/o Namdeo Gaikwad ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.B. Gaikwad, Advocate for applicant Shri N.B. Patil, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATE : 6th May, 2011 PER COURT : 1. Heard finally. Heard extensively. The accused/ applicant, a teacher, aged 27 years, seeks bail having put in custody from 30.3.2011 in Crime No.I-39/2011, registered at Pachod Police Station. 2. Mr. Gaikwad, learned counsel, while criticising the F.I.R. and the investigation papers, submits that the F.I.R. of father is erroneous, it should be by mother of the victim, who was 9 years old. Counsel submits, it was out of political culture in the village the accused is framed. The procession carried by the villagers to the school, made the father to lodge report and police was put in acceleration. The medical evidence even if supports the version of victim, is not to be looked into as the F.I.R. father is contrary. 2 Criminal Application No.1831/2011 According to him, it would be more a case leaning for an offence under Section 511 read with Section 376 of the Indian Penal Code and not under Section 376(2)(f) thereof. 3. The statement of Head Master of the school informs that the school operated from 8.00 a.m. to 12.30 noon at the material time on 30.3.2011. The Head Master was approached by villagers with rage. Consequent upon the same, the Peon Kakade was deputed to the house of accused/ applicant, he was called, he was informed of the allegations. Since villagers got violent, the accused/ applicant and the Head Master implored the villagers not to do so and law will take its own course. Consequently, the police took the accused with them. 4. The medical certificate has placed traces of the evidence and the traumatic experience faced by the victim, a 9 years old girl suggesting that she was physically, sexually assaulted by the accused/ applicant, her teacher. The contention that F.I.R. should be by mother and not by father is foreign to the jurisprudence and not acceptable at this stage. The manner in which the teacher, reposed with confidence to take safety of his pupil has done barbaric act of diabolic nature, does not call for releasing him on bail. The atmosphere in village is violent, unrest prevails and feelings need not be ignited. Application rejected, finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri1831.11