The Bombay High Court today said that in a molestation case the intention of the accused can be determined only by the trial court after hearing the victim.
The HC made the observation while declining to quash a molestation case registered against Machindra Chate, Director of Chate Coaching Classes, and asked him to approach the Sessions Court with a discharge application.
A Division Bench of Justices N H Patil and V L Achliya was hearing a petition of Chate seeking to quash the case registered against him with the police on January 30, 2013.
According to Chate, on the day the FIR was filed there was a meeting between teachers of the coaching class and parents of students studying there.
"There was some problem in the meeting following which a few parents and three girl students forcibly entered Chate's office and started physically and verbally abusing him. In the scuffle, Chate also abused the parents and asked them to leave his office," the petition said.
The same day, Chate went to Bhoiwada police and lodged a case against the parents. However, he was later informed that one of the girl students had lodged a counter case, accusing him of molestation.
The HC opined that at this stage, it cannot decide whether the accused person had intention of molesting the girl or it was just a misunderstanding.
"That is for the trial court to decide after the victim deposes. It all depends on what the girl says. In this case the girl has said the accused person indulged in a shameful act. At this stage, to ask the girl to explain in detail what was the shameful act, is not permissible. The High Court cannot go into evidence now," the Bench said.
The Bench suggested Chate's lawyer Krishna Holambe Patil to move the Sessions Court with a discharge plea since chargesheet has been filed in the case. Patil agreed and withdrew the petition.