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2019 Supreme(Bom) 1671

S.S.SHINDE
Maria Kuttubudin Lokhandwala – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Prakash Namdeo Wagh, Adv., A.R. Patil, Adv., Karansingh Bhagatsingh Rajput, Adv.

JUDGMENT :

S.S. Shinde, J.

Rule. Rule made returnable forthwith. With the consent of parties matter is heard and disposed of finally at the stage of admission.

2. This petition takes an exception to the order dated 22.08.2019 passed by the learned Special Judge, Sessions Court at Greater Bombay in Special (POCSO)Case No. 592 of 2018 in C.R. No. 169 of 2016, registered at Colaba Police Station by which order the Special Court allowed the applications below Exh. 27 and Exh. 28 filed by the original accused i.e. Respondent No. 2 herein.

3. The facts giving rise to filing of the present Writ Petition can in brief stated as under:

The offence has been registered against the original accused i.e. Respondent No.2 herein under the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") for allegedly sexually harassing the victim girls aged 14 and 15 years. The Petitioner herein filed FIR against Respondent No.2 who is her brother in law and a citizen of U.S. under Sections 354, 354A, 509 of Indian Penal Code and Sections 8 and 12 of POCSO Act. It is the case of the Petitioner that Respondent No.2/Accused has outraged the modesty of her two minor daughters who were 14 and 1

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