In addition to Shinde, the school’s president, principal, and secretary have also been arrested in connection with the case. The police requested judicial custody for Shinde and sought to apply provisions under the POCSO Act. A case has also been filed against the school’s principal, president, and secretary.
![[Badlapur School Assault Case] Court Sent Key Accused Akshay Shinde to 14 Days of Judicial Custody till Sept 9](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-2024-08-26T135801.277.png?resize=820%2C461&ssl=1)
Mumbai: Today (26th Aug): The Kalyan court in Maharashtra remanded Akshay Shinde, the main accused in the Badlapur sexual assault case, to 14 days of judicial custody. Shinde had been held in police custody until August 24, after which he was brought back to court. The judge extended his detention, placing him in judicial custody until September 9.
READ ALSO: [Badlapur Assault Case] “Took Action Only After Public Outcry”: Bombay HC Slams Police
Shinde faces allegations of sexually assaulting two minor schoolgirls in Badlapur, Thane district. Following his arrest, he was initially presented in a welfare court and later in the Kalyan Court, where his police custody was extended.
Judge VA Patravale heard the matter, resulting in Shinde being moved to judicial custody after his police custody ended.
In addition to Shinde, the school’s president, principal, and secretary have also been arrested in connection with the case. The police requested judicial custody for Shinde and sought to apply provisions under the POCSO Act. A case has also been filed against the school’s principal, president, and secretary.
The case has triggered significant unrest, with parents and residents protesting by blocking railway tracks at Badlapur station and vandalizing a local school building, demanding harsh punishment for Shinde. In response, the Maharashtra government established a special investigation team (SIT) led by senior IPS officer Arti Singh to handle the case.
Additionally, the SIT has filed an FIR against the school authorities for not reporting the assault to the police, as mandated by Section 19 of the POCSO Act. The school faces charges under Section 21 of the POCSO Act for failing to comply with reporting requirements.
This section requires any authority who becomes aware of sexual assault against minors to report it to the police for further action.
Section 19 of the POCSO Act
Section 19 of the Protection of Children from Sexual Offences Act (POCSO) requires anyone who is aware of or suspects a sexual offense against a child to report it to the police or the Special Juvenile Police Unit (SJPU). This applies to anyone, regardless of their relationship to the child, such as a parent, friend, or institution member.
Section 21 of the POCSO Act
Section 21(1) states that “any person who fails to report the commission of an offence” or who “fails to record such offence…shall be punished with imprisonment of either description which may extend to six months or with fine or with both”.
Section 21(2) prescribes a punishment of up to one year in jail, with fine, for “any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence…in respect of a subordinate under his control”.
It is a bailable offence.
The alleged assault of two fourth-grade girls at a school in Badlapur, Maharashtra, has sparked widespread outrage.
In response, Maharashtra Education Minister Deepak Kesarkar suggested installing panic buttons in schools and hostels, similar to CCTVs, to enhance safety for women. He described this technology as an advanced measure during a press conference in Mumbai.
“…Just like we install CCTVs in schools, we can also install panic buttons. Panic buttons can be set up in hostels as well; it’s a form of advanced technology…”
stated Kesarkar at a press conference in Mumbai.
“Under the guidance of the deputy director of the Mumbai region, the investigation team has examined the Badlapur case with contributions from various departments. The police will determine the appropriate charges, and those found negligent will be held accountable as co-accused,”
added the Maharashtra Education Minister.
Criticizing the opposition, he remarked,
“Those who are now criticizing have done nothing during their own time in office. We are taking significant actions.”
Kesarkar also noted that the investigation into the Badlapur incident, led by the deputy director of the Mumbai region, involved various departments. He stated that the police will determine the charges and that those identified as negligent will face consequences.
The Minister criticized the opposition for their lack of action during their tenure and emphasized the government’s proactive measures. A report from the Women and Child Welfare Department and the Education Ministry on the Badlapur case was presented to Kesarkar on Monday.
The violence during the protests led to injuries of at least 25 police officers from stone-pelting and the arrest of 72 individuals. In reaction, internet services in Badlapur were temporarily suspended.
