JITIN MOTHUKIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Application, the Applicant is seeking his release on bail in a crime where he is charged with offences punishable under Sections 376, 354-A and 354-B of the Indian Penal Code. On his Anticipatory Bail Application being rejected by the Sessions Court and the High Court, he came to be apprehended on 16/12/2019 and remanded to judicial custody on 21/12/2019 and since then he is incarcerated.

(2.) C.R. No. 472 of 2019 came to be registered with the Paud Police Station, Pune on 08/11/2019 and on a charge sheet being filed, it was numbered as Sessions Case No. 282 of 2020, the take off point being a complaint filed by the victim girl, aged 25 years reporting about the incident which took place on 28/10/2019 at Aamby Valley (Lonawala), Pune.

(3.) According to the Complainant, she was acquainted with the present Applicant aged 24 years since last eight years as she was studying in Symbiosis College, Pune. As per her version, on 27/10/2019, the Complainant along with her eight friends, proceeded to a bungalow owned by one of her friends, Mr. Yashwardhan Agarwal for celebration of Diwali. The Complainant with her friends reached Bungalow No. 94-B, Ambivali about 12.00 to 12.30 a.m. and amongst the friends present on the said occasion, the Applicant was one of them. The youngsters had an overnight party and it is the version of the Complainant that after having dinner around 2.00 a.m., she decided to have rest and occupied Bed Room No. 3 on the second floor of the said bungalow whereas her other friends continued with the party. While she dozed off to sleep, at about 4.30 to 5.00 a.m., she was awakened to certain feeling and found that someone was forcing himself upon her. On becoming aware of the situation, she realised, it was the Applicant who was lying on her body kissing her and trying to have sexual intercourse with her by penetrating his penis into her vagina after removing her jeans-pant and undergarments. At this juncture, the Complainant used all possible force to push him away and she was successful in thwarting the sexual overtures by the Applicant. Thereafter she wore her clothes and ran out of the room. In the complaint, she stated that once she went out of the room, she searched for her friends on the first floor but they were not found, which compelled her to return to Bed Room No. 3 and when she found that the Applicant was not there, she went to sleep in the same bedroom. After passage of some time, again the Applicant came there in semi-nude state and tried to get intimate by forcing himself upon the Complainant to which the Complainant responded by scolding him and asked him to immediately leave the room. As a result, being scared, the Applicant left the room.