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2018 Supreme(Bom) 833

PRAKASH D.NAIK
Nishant Harishchandra Salvi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Silvin Y. Kale
For the Respondent: Mr. S.R. Shinde

JUDGMENT :

Heard both sides for final disposal of Criminal Revision Application.

2. The applicant has invoked the inherent powers of this Court under Section 482 of Cr.P.C. challenging the order passed by the learned Special Judge under the POCSO Act rejecting the application preferred by the petitioner to call the report of probation officer under Section 4(1)(2) of Probation of Offenders Act, 1958.

3. The applicant is prosecuted for the offence punishable under Section 354A of Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act (hereinafter referred to as “POCSO Act”, for short). The prosecution case is that the accused was working as field officer at Apnalaya Sanstha. The said sanstha was conducting free coaching classes for students. Many children including victim used to attend classes. The applicant accused molested and outraged modesty of the victim girl. FIR was registered and, thereafter, charge-sheet was filed. The trial had commenced. The evidence of the witnesses was recorded. The statement of accused was also recorded under Section 313 of Cr.P.C.

3.1 On recording statement under Section 313 of Cr.P.C., the trial Court recorded that, this is n














































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