AMIT RAOSO PATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant, aged 34 years, was arraigned as an accused in Crime No.47 of 2020 registered with Abhiruchi Police Station, Sinhgad Road, Pune. The crime came to be registered on a complaint by a minor victim girl and based on which, Ss. 376, 354-D, 506 of the Indian Penal Code were invoked. Since the victim was minor, provisions of Ss. 3, 4, 11 and 12 of the Protection of Children from the Sexual Offences Act, 2012 were also invoked.

(2.) The sum and substance of allegation contained in the complaint is to the effect that the victim, who was 17 years old and pursuing her education in 11th standard in a college at Pune, was known to the applicant, as he is a family friend and a business partner of her father. The victim girl was acquainted with the applicant since about two and half years. It was alleged by the victim that from the month of October, 2019, the applicant started texting her on her Whatsapp and expressed his liking towards her and also sought sexual favours from her, which was turned down by the victim girl. Since the applicant was a family friend, the girl did not disclose that she was in receipt of indecent messages from the applicant. On 6/12/2019, the applicant forwarded her a message that he intended to discuss some important family matter with her and asked her to meet on the very next day. On next day, when she was waiting for a bus to arrive, the applicant approached her on two wheeler and she was asked to accompany him. She was then taken to a nearby farmhouse and by making an emotional appeal and threatening that she if did not agree, he will commit suicide, she was forced to commit sexual intercourse with him. She was also threatened that she should not disclose the incident to her parents and if she does so, it would adversely affect the partnership business. The second incident is cited, when she was again forced in similar act at his residence. The third incident is referred to be of 1/1/2020 when the victim was asked to come to the bus stop and taken to same farmhouse and he indulged with her physically.

(3.) On 12/1/2020, the victim disclosed the incident to her parents and after due deliberation, the report came to be lodged on 30/1/2020. The victim girl was subjected to medical examination in Sassoon General Hospital on 31/1/2020. On completion of investigation, the chargesheet came to be filed and the earlier bail applications filed by the applicant prior to filing of charge-sheet and subsequent to filing of charge-sheet came to be rejected.