LAWS(BOM)-2011-1-165

TANAJI VISHVAMBHAR WAGHMARE Vs. STATE OF MAHARASHTRA

Decided On January 24, 2011
TANAJI VISHVAMBHAR WAGHMARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and learned APP.

(2.) THE applicant was arrested by Mohol Police Station in C.R. No.57 of 2010 in case of rape under Section 376(g) of IPC. The offence is registered on the basis of report lodged by one Vikas Jadhav who claimed to be an eye witness. According to him, the present applicant and one more accused namely Sonu Kshirsagar had committed rape one after another on a mentally deranged woman. Two more witnesses also supported the statement of first informant Vikas Jadhav. The victim woman could not even disclose her name or say anything about the incident because of her mental condition. Medical report does not show any sign of rape. The C.A. report also does not provide any corroboration. Investigation is completed and charge sheet is filed. The applicant is in custody since 7th June, 2010. In view of the circumstances, bail may be granted to the applicant. Hence, the following order: ORDER