ANAND WAMAN RANDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.385 of 2019 registered with Mukundwadi Police Station, District Aurangabad for the offences punishable under Section 376(2)(f)(n) of the IPC and Section 3, 4, 5(j)(L)(N), 6 of the POCSO Act. His application with similar prayer came to be rejected by the Special Judge (POCSO Act), Aurangabad, vide order dated 30.06.2020 in Special Case Child Prot. No. 1 of 2020.

(2.) The learned counsel for the applicant submits that the investigation is over and the charge-sheet has been submitted.

(3.) The learned APP has strongly resisted the application on the ground that even after the receipt of the DNA report, the Investigating Officer has recorded the supplementary statement of the mother of the victim wherein the mother has made the allegations against this applicant. The learned APP submits that the victim is below 18 years of age and she had been to the house of the applicant to attend the marriage of her cousin sister. During the said period, the applicant has taken the undue advantage of the darkness in the house during night time and performed the sexual intercourse with the victim. The learned APP submits that the applicant has repeatedly performed sexual intercourse with victim and as a result thereof, the victim became pregnant. The victim has specifically taken the name of the present applicant. Prima facie, there is a strong case against the applicant. The applicantion is liable to be rejected.