APPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, accused in Crime No.62 of 2020, seeks regular bail. He is alleged to have committed offences punishable under Sections 376 (3), 376 (1) (n), 363 & 366A of the Indian Penal Code and Sections 4 , 8 , 12 of the Protection of Children from Sexual Offences Act and Section 3 (2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) We have heard the extensive submissions of the learned advocates on behalf of the appellant and on behalf of Respondent no.2 and the learned APP on behalf of the State. With their assistance, we have gone through the record available before us.

(3.) Having considered the entire record and the statements of the victim, her parents, the appellant and his parents, it is obvious that the appellant had fallen in love with the victim who is said to be a minor, having been born on 12-06-2005. On 15-03-2020, the appellant came to the house of the victim when her parents had gone to the Bazar and her brother had gone to the agricultural field. At about 02:00 p.m. she accompanied the appellant, who is about 27 years of age and is unmarried, to Neknoor, on his motorcycle. At about 03:30 p.m. they exchanged garlands and the accused tied a mangalsutra around the neck of the victim in the presence of his friends in an agricultural field. Thereafter, they travelled to Tekwadi, Tal. Parali and the appellant / accused acquired a job with a brick-kiln owner. The owner made arrangement for their stay. They were together for 15 days and, as per the statement of the victim, they had physical relations on all these days. Later on, she started missing her parents and being unable to comprehend as to whether she has acted rightly or has committed a mistake, that she telephoned her mother. The police arrived at the place where the couple was residing and thereafter, the appellant was arrested on 05-04-2020.