RAJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present applicant is apprehending his arrest in connection with CR No.162/2020 dated 14.6.2020 registered with Paranda Police Station, District Osmanabad under Sections 376, 366, 342, 506 read with 34 of IPC .

(2.) Heard learned Advocate and learned APP for respective parties.

(3.) It has been vehemently submitted on behalf of the applicant that, he is a maternal uncle of the main accused againstwhom the prosecutrix has levelled the allegations of rape. The prosecutrixis 21 years old girl and the contents of the FIR would show that she had every opportunity to flee away and, therefore, there is no scope for invoking ingredients of Section 376 of IPC.She further states that when she was proceeding towards the house of her sister at about 10.00 am on 9.6.2020, the main accused was standing on the motor-cycle.He had earlier expressedaffection towards her and, therefore, told her that they should run away and marry. She further says that though she resisted, he did not listen and took her forcibly on the motor-cycle to Karmala in District Solapur. So also, she has stated that they stopped at 2-3 places on the road. She further states that she was taken to the house of the applicant in Karmala, where the applicant had threatened her and insisted that she should marry his nephew. When she refused to do so, the applicant confined her in a room in his house and at the night time, the main accused had committed rape on her. It is further stated that she was kept there till 11.6.2020. Even the parents of the main accused had come. All of them threatened her and insisted that she should marry the main accused and it was told that her Nikah would be performed on the next day. According to her, she could get an opportunity to flee away at about 5.00 am and then by requesting tempo she came till Pardi phata and then went to Bhoom by walk and then again by taking lift from another vehicle, she went to Paranda.All these contents would show that, in fact, she appears to be a consenting party and had love affair with the main accused. Physical custody of the applicant is not required as the main allegations are against another person.