PRATIK VILAS SHELAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant, intervenor and the learned Additional Public Prosecutor for the State.

(2.) Applicant seeks his enlargement on bail in connection with Crime No.I-260 of 2018 registered with Dombivali Police Station for the offence punishable under Sections 376-D, 363, 506 of the Indian Penal Code, 1860 ('IPC' for short) and Sections 3,4,8 and 12 of the Protection of Children From Sexual Offences Act, 2012 ('POCSO' for short)

(3.) Victim a complainant, is, twelth standard student. At the material time, she was 16 year old. On the friendship day, i.e., on 5th August, 2018, she met the applicant to whom she knew since one year. Co-accused in the subject crime is, juvenile-in-conflict-with law. Victim alleged, on the pretext of having a joy ride on the scooty, victim accompanied applicant and the co-accused, at Kambalpada. All three reached at Kambalpada, Dombivali at around 8.15 p.m. whereafter they went in a room allegedly belonging to applicant and/or his family. Victim alleged, applicant and the co-accused committed forcible sexual assault on her although she resisted the same. She was threatened of dire consequences if she would reveal about the assault to anyone. It appears, in the meantime, victim's mother was searching her as cell phone of the victim was reported switched of. After reaching home, she narrated the incident to her mother and thereafter report was lodged with Dombivali Police Station.