Note - Satyajit Purohit POCSO
Note - Satyajit Purohit POCSO
RELAVANT DETAILS:
1. C.R. No. 762 of 2024 (@Pg.no. 41, FIR)
4. Sections invoked 354, 376(2)(n), 377 and 509 IPC a/w 4, 6, 8, 12 of POCSO Act
Accused No.2
Gautam Rajpurohit (A1’s brother)
Allegation: Showed her adult-rated movies, touched her thigh,
and exploited her trust.
13. Bail Application Sessions Court, Greater Bombay Rejected Twice vide:
Details 1. BA/850/2024 rejected on 18/11/2024
2. Exh.4 in SC/2319/2024 Rejected on 20/12/2024
(@pg.296, Exh.B)
PLEASE NOTE: Brothers of the Applicant i.e., the co-accused persons granted Bail on
18/10/2024
Vishal (6th witness), aged 19 was first a student at the Accused’s Tuition Classes, he was hired as
a teacher by the accused later on so he could earn his livelihood. He has admitted that he used to
stay with the Applicant’s family. At the end of the trip to Manali on 29/09/2024 (day of arrest of
Applicant), he exchanged phones with the Applicant.
4 One Cream Coloured Realme company with four cameras 550/2024 Sent to
mobile, old used mobile phone with I.M.E.I no. Chemical
860373062394572 Analyser
(Recovered from Accused’s father)
5 1) Maroon coloured half t-shirt old used with on the front side 547/2024 Sent to
Celsiu written Chemical
2) Old used knicker of Green Colour with Black and White Analyser
embroidery
3) Black Colour Bra with White Colour label with Lady Love
arrow on one side
4) Dark Blue colour track pants with white colour logo on the
front.
(Recovered Victim’s clothes from the Victim’s mother)
6 1) One Blue Colour Full Shirt with black and yellow colour 548/2024 Sent to
checkers and the Yellow label with English writing Chemical
“Mayyan” in the inner side. Analyser
2) One Sky Blue Colour jeans with a white square label on
the back withe Nine-X written in English.
3) One Grey Coloured full underwear
(Recovered accused’s clothes from the accused’s father)
SECTIONS INVOLVED
Section 354 - Indian Penal Code (Assault of criminal force to woman with intent to outrage her
modesty)
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be
likely that he will there by outrage her modesty, 1 [shall be punished with imprisonment of either
description for a term which shall not be less than one year but which may extend to five years,
and shall also be liable to fine].
Section 509 - Indian Penal Code: (Word, gesture or act intended to insult the modesty of a
woman)
Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or
gesture, or exhibits any object, intending that such word or sound shall be heard, or that such
gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, 1
[shall be punished with simple imprisonment for a term which may extend to three years, and
also with fine].
The present Written Submissions are being filed on behalf of the Respondent no.02 (Victim) in
opposition to the Bail Application filed by the Applicant/Accused Satish Jagdish Purohit. The
Advocate for Respondent no.02 respectfully submits that the present application deserves to be
rejected for the reasons set out herein below:
FACTUAL MATRIX
1. On 11/01/2023, the complainant came to Umeed Child Development Center where she was
working as mentioned above along with the victim girl aged 15 years (DOB 23/09/2008).
Since the girl's parents got divorced and her school changed (name and address of the
school is not known), she was having problems adjusting to her new school, school teachers
and classmates, so she came for counselling. This was informed by the victim’s mother to
the organization. Counselling of the victim girl started from that day through the said
organization. The victim had been coming to the first informant for counselling every week
from January 2023 to May 2023. In May 2023, the victim stopped coming to counselling,
due to her Class IX exams.
2. From 13/02/2024 the victim girl again came to then said institution for counselling. When
she was questioned then, she said that since she was in class IX, she had taken private
tuition at Shadow Learning, Bhaskar Lane, Bhuleshwar, Mumbai 02, along with the school.
Still, she was facing difficulties while studying. In this regard, when they contacted the
mother of the victim through her mobile phone, she informed that the daily habits of the
victim girl are like looking at mobile phones till late at night, not paying attention to studies
and also because the 10th exam is important, on her request the girl came for counselling.
Since then, the victim girl was coming to her for counselling. After that, she started
counselling every week.
3. During the counselling, sometimes the victim’s mother also accompanied her and discussed
her studies and stress with her. Also, the first informant used to call the mother of the victim
girl, on her mobile number and through WhatsApp messages, telling her about the
difficulties the victim girl was facing in her studies and the measures to be taken in this
regard.
4. One day (First Informant couldn't remember the date) the mother of the victim told the first
informant over the phone that the victim girl was chatting with co-accused i.e. Gautam
Rajpurohit, a teacher who teaches Shadow Learning, where the victim girl was attending
tuition classes, about private matters at home and asked the first informant during the
counselling to ask the victim girl if she had any problems in the teaching.
5. From that date on 30/03/2024, when the First Informant asked the victim girl whether she
was facing any problem in her tuition, the victim girl told the First Informant that during the
period of September 2023, the teacher named Gautam Rajpurohit was very affectionate with
her and through this, he gained the trust of the victim girl and befriended her. The victim
girl used to tell Gautam about her household affairs as well as her private affairs. She
became close friends with Gautham. Out of that, Gautham had taken the victim girl to watch
a movie twice. When the First Informant asked the name of the movie, the victim girl said
that Gautam first took her to watch the Hollywood movie 'The Nun' and the second time the
Bollywood movie 'Animal'. Both these movies are adult rated. Among them, while watching
the movie Animal, Gautam had touched the thigh of the victim girl, as the victim girl did
not like the said thing, she told Gautam about it.
6. After that, as the counselling was going on, the victim girl told the First Informant that in
the tuition the victim girl was attending, along with Gautam, his younger brother Tarun and
Applicant also taught the students. In the year 2022, when the victim girl was attending
tuition, Tarun was to teach her along with other children, after the tuition time was over,
after all the boys and girls who had come for tuition had gone, Tarun used to stop the victim
girl in the class and then hugged her and kissed her on the cheek, the victim girl told the
First Informant. She had also told the First Informant that the accused no.2 stopped
behaving like this after a few days.
7. After that, from July 2023 to December 2023, the Accused Satyaraj also used to keep her in
the class after all the boys and girls left after the tuition was over. He would also hug her
and kiss her on the lips and all over the body. Also asked her to do blow job (oral sex)
forcefully. The victim girl also said that between November 2023 and December 2023, the
accused called the victim girl early in the morning for tuition and had forced physical
relations with her twice in the class room. The incident mentioned above was reported by
the victim girl to the First Informant. During counselling between 30/03/2024 to May 2024
one by one, the First Informant asked the victim girl to tell her mother about the incident but
she refused to tell her mother as she was very scared about the incident.
8. On 29/07/2024, the First Informant asked the mother of the victim girl, to inform the victim
girl about all the incidents that happened with her as mentioned above and file a complaint
with the police. But the victim’s mother and the victim refused to report the incident to the
police. When the First Informant told them that the First Informant has to report to the
institute, the victim’s mother told the First Informant to do what is to be done but said that
they do not want to file any complaint in this regard and the victim girl also stopped coming
for counselling.
9. From August 2024 onwards, after which the First Informant tried to contact the Victim’s
mother but when she was contacted via mobile, the victim’s mother did not respond in any
way. From that, based on the minor victim’s disclosure, the First Informant filed a
complaint in this regard at Joshi Marg Police Station, a Zero FIR was lodged (@Pg.no. 32
Zero FIR)
10. Since the crime scene of crime falls within the jurisdiction of L.T. Marg Police Station, FIR
was lodged on 28/09/2024 (@pg.41, FIR) the co-accused and accused were charged and
thereafter the co-accused were arrested on 28/09/2024 and their mobile phones were seized.
11. On 29/09/2024, the accused in the present Bail Application was detained outside Sahar
International Airport on a tip-off and his mobile phone was seized.
12. The accused was presented before the Magistrate on 30/09/2024 and subsequently
remanded to Police Custody and thereafter Judicial Custody on 05/10/2024 where he
remains till date.
13. Chargesheet was filed on 22/11/2024 (@pg.14, Exhibit A)
14. The Accused preferred Bail in the Sessions Court, Greater Bombay vide Bail Application
no. 850 of 2024 which came to be rejected on 18/11/2024 and thereafter when the
Chargesheet was filed, the Accused preferred Bail vide Bail Application at Exhibit 4 in
Special Case no. 2319 of 2024 which got rejected on 20/12/2024.
3. Attempt to Evade Justice: The lack of permanent roots of the Applicant in Mumbai
(residing in rented premises) aggravates the risk of evading justice.
5. Risk of Witness Intimidation: As the applicant operated the tuition centre and wielded
authority over the victim, releasing him risks intimidation of the victim, her family, or
witnesses, including Vishal Bhanu Prajapati (Witness No. 6), who worked under the
applicant and exchanged phones with him
6. Abuse of Position of Trust: The applicant, as the proprietor and teacher at Shadow
Learning, exploited his position of authority to groom and sexually assault the victim over
an extended period. The POCSO Act specifically criminalizes abuse of trust under Section
5(p) of the Act. The role and responsibility of a teacher is to enrich and guide his student
and not to use the position to exploit impressionable young children. The same has been
rightly pointed by The Sessions Court in their Order dated 20/12/2024:
“It is important to consider here that the Victim was a student attending the
tuition class of the present Applicant/Accused and there was a trust
relationship of teacher and student between them. Furthermore, the
Applicant/Accused must be aware about the age of the Victim as she was his
student. Therefore, there is moral responsibility also on the accused to
protect the victim from the said acts.”
8. Factors for bail: In the case of Prasanta Kumar Sarkar v. Ashis Chatterjee, 2010 (14)
SCC 496 while dealing with the court's role to interfere with the power of the High Court
to grant bail to the accused, the Court observed that it is to be seen that the High Court has
exercised this discretion judiciously, cautiously and strictly in compliance with the basic
principles laid down in catena of judgments on that point. The Court proceeded to
enumerate the factors:
“9. … among other circumstances, the factors [which are] to be borne in mind
while considering an application for bail are:
(i) whether there is any prima facie or reasonable ground to
believe that the accused had committed the offence;
(ii) nature and gravity of the accusation;
(iii) severity of the punishment in the event of conviction;
(iv) danger of the accused absconding or fleeing, if released on
bail;
(v) character, behaviour, means, position and standing of the
accused;
(vi) likelihood of the offence being repeated;
(vii) reasonable apprehension of the witnesses being influenced;
and
(viii) danger, of course, of justice being thwarted by grant of bail.”
The Hon’ble Supreme Court in the case of Neeru Yadav vs State Of U.P. & Anr., AIR
2015 SC 3703 further held:
“This being the position of law, it is clear as cloudless sky that the High Court
has totally ignored the criminal antecedents of the accused. What has weighed
with the High Court is the doctrine of parity. A history- sheeter involved in the
nature of crimes which we have reproduced hereinabove, are not minor
offences so that he is not to be retained in custody, but the crimes are of
heinous nature and such crimes, by no stretch of imagination, can be
regarded as jejune. Such cases do create a thunder and lightening having the
effect potentiality of torrential rain in an analytical mind. The law expects the
judiciary to be alert while admitting these kind of accused persons to be at
large and, therefore, the emphasis is on exercise of discretion judiciously and
not in a whimsical manner.”
9. Judicial Precedent and Public Interest: Courts have repeatedly denied bail in POCSO
cases to protect the victim’s dignity and ensure a fair trial. In State of Maharashtra v.
Vijay Jadhav (2023), the Bombay High Court rejected bail for a similar case,
emphasizing that releasing the accused would undermine public confidence in the
justice system, it was held:
“In a case like the present one, the Court cannot ignore the fact that this incident
had shocked the conscience of the society and there was public outcry. Every case
of rape is a heinous offence. The damage done to the victim far outweighs the
public conscience. A rape victim does not suffer just physical injury, but what is
affected is her mental health and stability in life. Rape tantamounts to a serious
blow to the supreme honour and dignity of woman. It is a violation of human
rights”
The applicant’s release could also expose the victim to further trauma, given her vulnerable
age and the psychological impact of the abuse.
10. Ongoing Investigation and Need for Custodial Interrogation: The investigation remains
incomplete, with pending forensic analysis of seized devices, chemical reports, and
corroboration of CDR data. Custody is essential to unravel the full extent of the
conspiracy, particularly the role of the applicant’s family in facilitating the crime. The
Sessions Court rightly rejected both bail applications (on 18/11/2024 and 20/12/2024
respectively), showing the gravity of the case and the need for judicial restraint.