AMIT SHANKAR KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for anticipatory bail. The applicant is apprehending arrest in connection with C.R.No.843 of 2019, registered with Loni Kalbhor Police Station, Pune, for the offences punishable under Sections 376(2) of Indian Penal Code ("IPC", for short) and under Sections 3(2)(j), 4 and 5(1) of Protection of Children From Sexual Offences Act ("POCSO Act", for short). First Information Report ("FIR", for short) was lodged by the victim on 2nd December, 2019. At the time of lodging the FIR, the victim was aged about 17n years and 6 months.

(2.) The prosecution case is that the victim was acquainted with the applicant prior to three years and they were on talking terms with each over. Applicant had liking for victim and was following her. He proposed her for marriage and stated that he would marry her once she attains the age of majority. The victim was taken to a lodge and there was a forceful sexual relationship between them. The accused represented that he is in love with her. Thereafter she was taken to various places where there was repeated physical relationship.

(3.) Learned advocate for the applicant submitted that the victim was of the age of understanding. The tenor of FIR indicate that the relationship was of consensual in nature. Although the victim was minor at the time of lodging the FIR, she was 17 years and 6 months. It was further submitted that the photographs of the applicant and victim would show that they were closely acquainted with each other. It is further submitted that the family members of the victim had earlier lodged FIR on 29th November, 2019 vide C.R.No.831 of 2019 with Loni Kalbhor Police Station against the family of the applicant. In the said FIR, there is no reference of the alleged acts refected in the present FIR. It is submitted that the custodial interrogation of the applicant is not necessary. He is ready to co-operate with the investigation.