MOHAN DATTATRAYA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) P.C. By the present criminal application, the applicant has prayed to release him on bail in connection with CR No.09/2010 registered with Shindkheda Police Station, for an offence punishable U/Sections 376, 366-A, 504, 506 of IPC and Section 3(i)(x) of Prevention of Atrocities Act, in which the applicant came to be arrested on 01/02/2010 at around 10.30 PM. It is informed that after completing the investigation the charge sheet is filed in the Court of Judicial Magistrate, First Class Sindkheda in Regular Criminal Case No.39 of 2010. The Trial is yet to be committed to the Sessions Court.

(2.) HEARD learned counsel for the applicant and learned APP for the State. It appears that the said offence came to be registered on the complaint of Rita Saya Padvi who is residing in the boarding school at Sindkheda, Dist. Nandurbar known as Adivasi Ladies Hostel. The offence came to be registered on 01/02/2010 in respect of alleged incident of sexual ravishment at the hands of present applicant who was mess contractor and who was providing food to the students residing in that boarding. It appears from the fact disclosed in the complaint that initially, the prosecutrix was sexually ravished on 13/01/2010, when she was returning from her native place by public transport. When she came to Dondaicha to reach Sindkheda and at that time she met the applicant who offered to give her a lift on his motorcycle, and she agreed to go with him. On their way to Sindkheda, she was taken in one filed where she was sexually ravished. As she was threatened with dire consequences, she had not disclosed this incident to any one. It is further alleged that on 31/01/2010 in the evening around 5.00 PM, the prosecutrix had been to market at Sindkheda for purchase her daily necessities, at that time applicant came in the market near Raj Photo Studio in his white omni car and forced her to go with him, they crossed hotel Bhusan and she was taken into a field, where prosecutrix was sexually ravished. Thereafter, applicant dropped her at the hostel. This incident was noticed by some of the boys residing in hostel, later on she disclosed the earlier incident as well as the incident which took place with her in that evening. Thereafter with the consultation of friends and rector of the boarding, the complaint came to be lodged in Sindhakheda Police Station and on the basis of which the applicant came to be arrested in the night on 01/02/2010.

(3.) THE papers of medical examination of the applicant as well as prosecutrix is matter of record i.e. documents are not disputed on behalf of the prosecution. These documents clearly establish that within 36 hours there was act of sexual ravishment. However, when the prosecutrix was examined no marks of violence were found on the prosecutrix as well as during the examination of the applicant. Inference cannot be drawn that victim is not consenting party. Now as the investigation is over, case is made out by the applicant to enlarge him on bail with certain conditions.