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Synopsis

The Bombay High Court recently granted pre-arrest bail to a senior caretaker of a special home for girls, who was booked for allegedly beating the girls and forcing them to massage her legs.

Justice Sarang Kotwal, a single judge, heard the application filed by the senior caretaker, who was booked under Section 75 (Punishment for Cruelty to a Child) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

In a letter to the head of the Thane District Centre for Women and Child Development, it was alleged that both these accused used to ill-treat the girls and would beat them.

One of the officers also received a video clip on his mobile phone showing that the caretaker was beating one of the girls. Furthermore, it was claimed that both caretakers forced the girls to massage their legs.

Advocates Raviraj S. Gamare and Shubhangi Chorge, appearing for the caretaker, argued that the girl broke the caretaker's mangalsutra, and there was a minor incident with the applicant. He contended that custodial interrogation is not necessary.

After perusing the statement recorded under Section 164 of the CrPC from the girl who was slapped, the bench observed that on 16/12/2023, there was a quarrel between her and other girls. At that time, the senior caretaker tried to intervene and beat her.

Therefore, the court noted that the caretaker's intention was not to treat the girls with cruelty but to stop the fight.

“From the allegations, it is clear that the Applicant on her own had not treated the girls with cruelty but while separating the fight between the two groups, she had slapped one of the girls. From the nature of the incident described by the witnesses, it appears that the main intention was to stop the girls from fighting with each other,” the order reads.

Case title: Madhuri Ramesh Pawar vs State of Maharashtra