SANKET 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 C.R. No.949 of 2020 registered with Vijapur Naka Police Station, Solapur City, DistrictSolapur for the offences punishable under Ss. 363, 376, 387,354- C, 323, 504, 506 r/w 34 of the Indian Penal Code ('IPC' for short) and Sec. 3(a) r/w 4,8, 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short) and Sec. 67, 67-B of the Information Technology Act, 2000 ('IT Act' for short).

(2.) It is the case of prosecution that informant, who is police personnel and attached to Vijapur Naka, Solapur City, is mother of victim. The victim at the relevant time was studying in 9th Standard and was 15 years old. On 29.09.2020 the victim left the house on the pretext of attending the birthday party of her friend but did not return, therefore, the informant-mother lodged the report on the basis of which offence punishable under Sec. 363 of the Indian Penal Code came to be registered vide FIR No. 949 of 2020 dated 29.09.2020 with Police Station Vijapur Naka, Solapur City, District-Solapur.

(3.) It then appears that on 30/09/2020 victim returned and informed how she came in contact with applicant and fell in love with him. Even semi-nude photos on the request of applicant were sent by her and the applicant took disadvantage of the same and threatened to transmit it to her mother. On that ground, it is alleged, applicant asked her to come to Nanded. On 29.09.2020 the victim then went to Nanded via Latur. From there she was taken to Raj Bar/Hotel. The prosecution further alleges that at about 11-30 p.m. the applicant forcibly committed sexual intercourse twice in the same night. It is further alleged that even the applicant asked her whether she had brought Rs.1 lakh and when she replied in negative he slapped thrice. He then checked victim's bag and removed gold chain and gold ring. On the next date i.e. on 30/09/2020 the applicant persuaded her to return to house and dropped her at Nanded ST Bus Stand. On the basis of said supplementary statement of informant which was recorded on the very next day of the lodging of the report Ss. 376, 387,354-C, 323, 504, 506 r/w 34 of the IPC and Sec. 3(a) r/w 4,8, 12 of the POCSO Act came to be added with Ss. 67, 67-B of the IT Act.