JYOTI DEEPAK SAMINDAR. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are fled for cancellation of the relief of anticipatory bail granted in favour of the respondents-accused by the learned Additional Sessions Judge Ahmednagar. Relief of anticipatory bail is granted to the respondents in Crime No.I-552/2018 registered with Jamkhed Police Station, District Ahmednagar for ofences punishable under sections 376 , 307 , 452 , 420 , 354 , 323 , 504 , 506 of the Indian Penal Code and sections 3(1)(x) , 3(1) (ii),3(ii)(v) etc. of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989. Both the sides are heard.

(2.) The crime is registered on the basis of report given by the prosecutrix who was of 38 years of age on the date of the F.I.R. The F.I.R. was given on 24-9-2018. It is her contention that her husband had died in a motor vehicle accident on 22-9-2012 and she was living with her two issues at a Vasti from Jamkhed, Tahsil Jamkhed, District Ahmednagar. It is her contention that respondent Mustafa Sadarudin Shaikh was residing in that locality with his family and he was working in Army. It is her contention that Mustafa was married and he had 2 issues also. According to her, in the year 2015 Mustafa visited her residential place and represented that he was close friend of her deceased husband and he could not visit her place immediately after the death of her husband and he had come only to console her. After the frst visit, he started visiting the place of the prosecutrix and he started saying that he had sympathy for her and for her family.

(3.) According to the prosecutrix, on one day Mustafa, the main accused came with fruit juice when her issues were not at home. It is her contention that as he insisted she consumed that fruit juice. She felt that she was becoming unconscious. It is her contention that Mustafa then advised her to take rest on the bed and she went to the bed. It is her contention that when she woke up she realised that Mustafa had taken sexual intercourse with her. It is her contention that when she questioned Mustafa why he had done that act, he said that he had done video shooting of the said act and in case she makes complaint to anybody he would circulate the video clip and he would defame her. According to her, he gave threats that if she does not keep physical relations with him he would fnish her issues.