MANGESH JAGANNATH SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for Bail in connection with C.R. No. 67 of 2020 registered with Powai Police Station, Mumbai for the offences under Section 376, 386 and 506 of Indian Penal Code, 1860 ("IPC" for short). First Information Report ("FIR"for short) was lodged on 29th January, 2020.

(2.) The case of the complainant is that, she was acquainted with the applicant, since he was residing in the same area. She accompanied the accused in hotel and there was forcefull sexual intercourse with her by the applicant. The applicant also took objectionable photographs of the victim. The applicant was arrested on 29th January, 2020 and on completing investigation, charge-sheet was filed.

(3.) On perusal of the FIR, it appears that the victim is married lady aged about 37 years old. It is alleged that she had visited the hotel along with the applicant, where there was alleged sexual relationship. During the investigation, the documents on the concerned hotel were recovered with regards to visit of applicant and victim. The contention of the applicant is that, the relationship was of consensual in nature. The FIR is after thought. There is no evidence to show that objectionable photographs were clicked by the applicant. The cellphone of the applicant was recovered, nothing incriminating was found.