ABC Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) At the outset it is required to be noted that since the allegations against the appellant are in respect of the alleged sexual assault, the identity of the appellant and Respondent No. 2 needs to be concealed, and they are referred to as "ABC" and "XYZ". The Registry is directed to maintain the record accordingly.

(2.) Being aggrieved by the order dated 19.12.2017 passed below Exhibit-3 in Special Case No. 422 of 2017 passed by Additional Sessions Judge, Pune, thereby rejecting the prayer of the appellant to release him on bail, this appeal is filed.

(3.) Learned counsel appearing for the appellant submitted that the appellant was arrested on 27th June 2017 by Bharti Vidyapeeth Police Station and offence is registered by them punishable under Section 376 (2) (n) of Indian Penal Code read with Section 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(r), 3(1)(w), 3(2) (v) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989. The allegation against the appellant is that the appellant were residing in the locality where he had made an acquaintance with the victim girl and during the period between 2016 to January 2017 the appellant has committed the above mentioned offences. After registration of FIR, charge sheet sheet came to be filed and thus Special Case No. 422 of 2017 was registered. It is further submitted by the learned counsel appearing for the appellant that prima facie there is no case made out against the appellant under section 376 (2) (n) of Indian Penal Code read with Section 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(r), 3(1)(w), 3(2)(v) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 and there is no direct or indirect connection of the appellant with the alleged offence.