The Bombay High Court on Tuesday refused to quash criminal proceedings initiated against a 29-year-old man from Bhiwandi who allegedly showed obscene videos and pictures to a minor girl on his mobile phone in 2015.
A division bench of justice Abhay Oka and justice A Sayyed said: "Prima facie a case is made out and since investigations are ongoing, it will not be proper to quash proceedings." Accused Hussain Yusuf Shaikh had approached the court for quashing of the case registered under Section 354 of the Indian Penal Code and Sections 11 and 12 of the Prevention of Children against Sexual Offences Act.
In his plea, Shaikh said that he was being falsely implicated in the case on the behest of the victim's father, who owed him money to the tune of Rs30,000 and — in order to not repay the amount — had levelled false charges against him.
As per the prosecution case, the victim's father, who is a daily wage earner, returned home on December 13, 2015, to find his 11-year-old daughter weeping. On asking the mother, he was told that she had visited the house of the accused, who was a neighbour; there, he showed obscene pictures and videos to her on his mobile phone.
Based on this information, the complainant approached the Shanti Nagar police and registered a complaint. On that basis, the accused came to be arrested by the police and he was later released on bail by a court in Thane.
The accused approached the court for quashing of the case on the basis of the remand report filed by the police while seeking his custody, in which it was mentioned that the police had seized his mobile phone and SD card, but did not find any obscene material on it. However, additional public prosecutor FR Sheikh informed the court that the police have sent the SD card for further analysis to experts and the report is awaited.
Accepting the statement of the prosecution, the court refused to quash the proceedings and dismissed the plea filed by Shaikh.
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