SHIVPRASAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 48 of 2020 registered with Bori Police Station, District Parbhani for the offence punishable under Sections 363 , 366-A , 376 , 506 of IPC and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012. His application below Exhibit 7 in Spl. Case (POCSO) No. 86 of 2020 with similar prayer came to be rejected by the Special Judge (POCSO), Parbhani vide order dated 11.09.2020.

(2.) Learned counsel for the applicant submits that investigation is over and the charge sheet has been submitted. Learned counsel submits that the victim has mentioned her age as 17 years and 7 months. However, during the course of investigation, the victim was subjected to radiological examination for age assessment and it has been opined by the radiologist that the approximate radio- logical bone age is in between 19 to 20 years. Learned counsel submits that on 05.06.2020 in broad day light at about 12.30 p.m., the victim had joined the company of the applicant and thereafter, traveled with him at several places. Though the victim has alleged in her statement that she had traveled with the applicant under threats, it is difficult to believe that the victim had no opportunity to complain against the applicant during the said journey or even during their stay at various places. Learned counsel submits that it is also not clear from the medical examination report that the victim was subjected to recent intercourse. Learned counsel submits that the applicant is in jail in connection with the present crime since long. There is no criminal history. The victim and the applicant were knowing each other from near about two years prior to the incident and the victim and the applicant used to talk to each other on motile phone. The victim was having the age of understanding. The applicant may be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that the victim was less than 18 years of age on the date of the incident and as such, her consent, if any, is immaterial. Learned APP submits that during the course of investigation, the school leaving certificate of the victim was obtained and it appears from the said certificate that the victim is less than 18 years of age. Learned APP submits that the medical examination report indicates that there is possibility of forcible sexual intercourse. The victim has made allegations against the applicant about the threats extended to her and therefore she had joined the company of the applicant. It has been specifically alleged by the victim that against her will, the applicant has committed sexual intercourse with her. Prima facie there is strong case against the applicant. The applicant may not be released on bail.