SACHIN LALTAPRASAD SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.499 of 2020 registered with Police Station Panvel Town, for offences punishable under Sec. 376 and 506 of the Indian Penal Code (IPC).

(2.) The prosecution case in nutshell is that informant (prosecutrix - victim) who is resident of District Jaspur, Chattisgarh and had attraction of big cities like Delhi, Mumbai and wanted to celebrate festivals like Christmas and New year in such big cities, with permission of her mother, went to Delhi alone. At the relevant time, she was 18 years 2 months old. From Delhi she landed to Bandra Railway Station. However, Railway Ticket Checker found her alone and handed her over to Child Help Line and she was taken to Sakhi Girls Protection Home, namely, Sakhi Center.

(3.) On 27th December 2020 she had been to Panvel Railway Station and was waiting for an auto rickshaw and accordingly, she stopped one auto rickshaw and requested the driver of the said auto rickshaw, who is applicant herein, to drop her to Panvel Bus Stop. The applicant then started asking about her whereabouts and came to know that the victim had come alone from Chattisgarh. The applicant took her to a garden. When the victim asked as to why she had been taken to garden, the applicant replied that they would chitchat for sometime. Both of them were there for quite a long time. Thereafter, the applicant told victim that he would now drop her at Bus stop and on the way to bus stop he stopped the auto rickshaw near a liquor shop and bought a bottle of beer. From there the applicant took the victim to a river bank which was at the side of a crematorium ground. He then opened the beer bottle and consumed beer and started fiddling with her body. When the victim resisted, the applicant took her out forcibly from the auto rickshaw and took her behind a toilet which was near the said crematorium ground. It is further alleged that the applicant forced himself after removing his pants and her undergarments and when the victim tried to raise commotion, the applicant picked up a stone and threatened to kill her and then ravished her. The victim thereafter, under the pretext of attending call of nature, in a half naked condition ran away. A woman saw her half naked and gave her dupatta to cover her body and thereafter the people who had gathered there, took her to the police station where she lodged the report.