MANGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail. The applicant is facing prosecution for offence under S. 376 (1), (2) (l) and (n), 452, and 506 of Indian Penal Code , on the allegation of having forcible intercourse, with the prosecutrix, on multiple occasion from November, 2019 to February, 2020.

(2.) The prosecutrix is a lady, aged about 31 years, having born on 25th July, 1989. She is a physically challenged lady, having disability of hearing impairment and on account of that she is deaf and dumb. The offence in this case came to be lodged on the basis of the complaint of father of the prosecutrix.

(3.) It appears that on 24th February, 2020, the prosecutrix complained of vomiting, and was taken to the Primary Health Centre at Kokrud, where her pregnancy test was found positive. As per the complaint, although the prosecutrix was married, she was staying separate from her husband since last four years. She was therefore, accosted as to her pregnancy when she disclosed that it was the applicant, who used to visit her house, whenever she was alone and had forcible intercourse with her on multiple occasions, as a result of which she became pregnant. On the basis of such a complaint, the offence came to be registered and after the investigation, a charge- sheet is filed.