ABASO RAMCHANDRA MADANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is facing prosecution for the offence punishable under Section 376(2)(i)(l) of the IPC and Section 4 , 6 , 8 , 12 and 42 of the Protection of Children from Sexual Offences Act (the 'POCSO Act' for short).

(2.) The prosecution case as disclosed from the complaint dated 14/5/2019 lodged by the mother of the victim, is that her daughter who is a victim was aged about 15 years at the relevant time. The victim is said to be a mentally challenged girl. It is the material prosecution case that on 14/5/2019 when the victim was alone in the house, the applicant who is a neighbour went to the house of the complainant and called the victim on the pretext of giving her guavas. It is said that the victim went alongwith the applicant in the field, plucked two guavas, out of which she had one and the other was given to the applicant. It is after this that the applicant is alleged to have taken the victim to the sugarcane crop and had forcible sexual intercourse with her. On such a complaint, the offence came to be registered and after investigation, the chargesheet is filed.

(3.) The learned Sessions Judge has refused to release the applicant on bail.