SHAHRUKH SHAMAD BEG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in connection with crime No. I-237 of 2020 registered with Pathardi police station, District Ahmednagar for the offences punishable under Sections 376(2) (I), 354, 504, 506 of I.P.C . and under Section 3, 4, 5 (L), 6, 7, 8, 9 (L) and 10 of the Protection of Children from Sexual Offences Act 2012. His application Exh.4 in Special Case No. 178 of 2020 with similar prayer came to be rejected by the learned Additional Sessions Judge, Ahmednagar vide order dated 23.9.2020.

(2.) Learned counsel for the applicant submits that the investigation is over and the charge sheet has been submitted. The applicant is in jail in connection with the present crime since 4.5.2020. Learned counsel submits that the victim and the applicant both are Shepard and they used to take their she-goats for grazing purpose in the nearby lands. Learned counsel submits that the victim has made allegations against the applicant for having committed forcible sexual intercourse with her on earlier two occasions and so far as the last incident, which is allegedly occurred on 2.5.2020, it has been alleged that the present applicant has fallen down the victim on the ground for the same purpose, however, the victim has raised hue and cry and thus the persons nearby the spot gathered there and on seeing them the applicant fled away from the spot. Learned counsel for the applicant submits that during the course of investigation, statement of the victim came to be recorded under Section 164 of Cr.P.C. before the Magistrate, wherein, the victim has not given any reference to the earlier two incidents and on the other hand, made allegations against the applicant for having committed forcible sexual intercourse with her during the course of last incident i.e. the incident dated 2.5.2020. Learned counsel submits that it appears from the medico-legal examination report of sexual violence of the victim that she has not sustained any external injury and that the victim appears to be habituated to the intercourse. Learned counsel submits that as it appears from the allegations made in the complaint so also on perusal of the statement of those villagers, who gathered near the spot, that after seeing those villagers, the applicant ran away from the spot and the victim in order to defend herself raised hue and cry. Learned counsel submits that the applicant is young person having no criminal history. The applicant is having a fixed place of residence. He is ready to abide the conditions, if any, imposed by this court while enlarging him on bail. The applicant may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that the victim is below the age of 18 years and as such, the consent, if any, on her part is immaterial. Learned A.P.P. submits that as referred in the complaint, on earlier two occasions prior to the last incident, the applicant has committed forcible sexual intercourse with the victim. However, at the time of last incident, since the victim has raised hue and cry, the applicant ran away from the spot. Learned A.P.P. submits that so far as the last incident is concerned, there are eye witnesses to the said incident. There is medico legal certificate which prima facie support the allegations made in the complaint. There is strong case against the applicant. The applicant may not be released on bail.