Madhya Pradesh High Court
Ki. Poonam Kushwah vs The State Of Madhya Pradesh on 24 February, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
01
HIGH COURT OF MADHYA PRADESH
Criminal Revision No.2663/2021
(Ku. Poonam Kushwah Vs. State of M.P. & Anr.)
Gwalior, Dated: 24.2.2022
Shri S.P.S.Kushwah, learned counsel for the petitioner.
Shri R.K.Awasthi, learned Public Prosecutor for respondent
No.1/State.
Revisionist has filed this revision petition under Section 397 of Cr.P.C. against the order dated 21.9.2021 passed by the Ist ASJ/Special Judge (Constituted under POCSO Act), Jaura, Distt. Morena, dismissing the complaint of the revisionist filed under Sections 294, 346, 347, 506-B, 354 of IPC and Sections 11/12, 13/14 of the POCSO Act.
In brief facts of the case are that revisionist aged about 14 years lodged a private complaint under aforesaid sections before the Special Judge, Jaura, alleging that she has studied upto 8 th standard and by residing in Kasturba Gandhi Girls Hostel, Parsota, from 6th class onwards she has been studying. Respondent No.2-Abhilasha Shakya is teacher in that hostel and Harisingh is watchman. Alongwith him four cooks, namely Munni wife of Ramesh Kushwah, Ramvati. Munni wife of Virendra Shakya and Narayani, are also posted there. Hostel is old and boundary wall of the hostel was in dilapidated condition. Respondent No.2 without permission of the senior officers got constructed new boundary wall after breaking old one. Watchman Harisingh made a complaint to senior officers against respondent 02 No.2, due to which enmity started between respondent No.2 and watchman Harisingh and to remove the watchman, respondent No.2. started hatching conspiracy. Thereafter, due to corona pandemic inmates of the hostel were ordered to go to their home. On 7.3.2021 when revisionist was at her home, respondent No.2 by her mobile No.6261065498 made a call to her father on his mobile No.6263261740 and told that a theft has been committed in the hostel, and therefore, asked her father to send the revisionist to hostel as some enquiry is to be made from her.
On this information, on 8.3.2021 revisionist reached the hostel, then respondent No.2 by catching hold of her hand forcibly took her inside the room and closed the door and threatened her by saying that she has to obey her directions, otherwise she will kill her. Thereafter respondent No.2 asked the revisionist to put off her clothes, she will make a video of her in naked state and by crying she (revisionist) will have to say that watchman Harisingh wants to see her in naked state. When revisionist denied, the respondent No.2 threatened her to kill, due to which revisionist was forced to put off her clothes. Respondent No.2 then made a video of her and told that she will viral this video on social media in the name of watchman Harisingh. When revisionist cried, four cooks, who were carrying cleaning of the hostel, came to the room. They all saw the revisionist in naked state and due to shame they dressed her. The revisionist by weeping reached her house and narrated the incident to her father. Her father 03 took her to police Station and SDO, but no action was taken. In police Station, Jaura, statements of revisionist, her father and four cooks were taken, but despite that FIR has not been lodged. Afterwards her father sent complaints to higher officers and Ministers. But when no action was taken, the revisionist filed the present complaint.
In support of the complaint, statements of revisionist and her father were taken. Afterwards matter was sent for investigation to police Jaura. During statement, revisionist has stated that on the information of respondent No.2 she reached the hospital where respondent No.2 took her inside a room and asked her to make a recording against the watchman. Thereafter, respondent No.2 asked her to put off her clothes. When revisionist denied, respondent No.2 threatened her to kill. Thereafter respondent No.2 forcibly put off her clothes and prepared a video. When revisionist cried, cooks Munni, Ramvati, Narayani and another Munni came and opened the door. They dressed her. Thereafter revisionist complained to her father. Her father also supported the version of the revisionist that on return she complained against respondent No.2 that she was forced to put off her clothes and respondent No.2 also prepared a video of her in naked state.
Thereafter on the direction of the Court, police Jaura enquired the matter and took statements of revisionist, her father, respondent No.2-Abhilasha Shakya, Halki Kushwah, Munni Shakya, Harisingh Shakya, Ku. Sangeeta, Suraksha Dhakad, Ku. Shivani, Narayani, 04 Ramvati and Ratni.
The learned Special Judge on the basis of the statements of Suraksha Dhakad, Ku. Sangeeta and Ku. Shivani held that from the statements of aforesaid witnesses it is clear that revisionist went along with aforesaid girls and their teacher Suraksha Dhakad to the hostel where Abhilasha Madam showed them viral video in which revisionist along with other two girls and their teacher were shown. The cook and watchman have also not supported the version of the revisionist. The investigating officer also did not find any video of revisionist in the mobile of respondent No.2-Abhilasha. On the basis of the aforesaid, learned Special Judge held that evidence of revisionist/complainant in regard to preparing her video in naked state by respondent No.2-Abhilasha does not appear to be trustworthy and dismissed her complaint. Hence, this revision petition has been filed by the complainant.
Heard learned counsel for the parties and perused the record of the trial Court.
On perusal of the record of the trial Court, this Court finds that police Jaura also recorded the statements of Narayani and Ramvati, who as per the complaint of the revisionist on hearing her cries came and saw her in naked state. Both the witnesses have clearly stated that 2-3 months ago, revisionist came to the hostel. No other girl was there at that time. Both the witnesses along with Munni Kushwah and Munni Shakya were cleaning the rooms. They heard sound of crying 05 of someone. When they came down, they saw the revisionist crying wearing only underwear. They dressed her. They asked her as to what happened, but she did not tell anything to them and went to her home. However, they both denied about any video of revisionist prepared in naked state. But from their statements, statement of the revisionist gets supported that when she went to the hostel, no other girl was there at that time and the cooks saw her in naked state.
In view of the aforesaid, there appears to be prima facie sufficient material to proceed on the complaint of the revisionist. Therefore, impugned order dated 21.9.2021 passed by the Special Judge, Jaura, Distt. Morena, is set aside and trial Court is directed to register the complaint and proceed further.
With the aforesaid, this revision petition is disposed of.
(Deepak Kumar Agarwal) Judge ms/-
MADHU SOODAN PRASAD 2022.02.25 16:29:58 +05'00'