1. By this revision petition, revision petitioner / original accused no.2 is challenging the charge framed by the learned Additional Sessions Judge, Waduj, on 7th January 2017, for offences punishable under Sections 19 read with Section 21 of the Protection of Children from Sexual Offences Act, 2012, (POCSO Act), Section 202 of the IPC and under Section 3(2)(vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1988.

2. Heard Shri Rahul Kate, the learned advocate appearing for the revision petitioner / original accused no.2. By placing reliance on judgment in the matter of Kamal Prasad Patade vs. State of Chhattisgarh and Others, 2016 CRI.L.J. 3759, Shri Rahul Kate, the learned advocate appearing for the revision petitioner / original accused no.2 vehemently argued that initially the prosecution is obliged to prove the commission of the offence punishable under Section 5 of the POCSO Act against original accused no.1 Shahaji Anandrao Patole and then only the prosecution can file the charge-sheet against the present revision petitioner / original accused no.2 for the alleged offences under Section 19 read with Section 21 of the POCSO Act. Unless and