PALKESH CHAURASIYA Vs. POLICE INSPECTOR

JUDGEMENT

(1.) The above application is filed under Section 439 of Cr.P.C. in Crime No.42/2021, registered on 16.02.2021 by the Calangute Police Station, under Section 376, 109, 506 read with 34 of the Indian Penal Code, 1860, by the applicant, who came to be arrested by respondent no.1 on 20.02.2021. The applicant is arraigned as accused no.3 in the said crime. Unsuccessful with his efforts to get regular bail from the trial Court, the applicant has come before this Court.

(2.) Heard Mr. Franco Coburn Freddie Joseph, learned Counsel for the applicant and Mr. S.G. Bhobe, the learned Public Prosecutor for the Respondents.

(3.) Brief facts of the case are that victim girl had travelled by car from Indore, Madhya Pradesh to Goa on 29.12.2020, along with applicant and other accused, to celebrate new year. They had a stay in Villa Emmanuel Guest House at Baga beach in Goa, where the victim girl was pressurised by the other accused persons to drink alcohol and on 01.01.2021 at around 2.00 a.m. accused no.1 is said to have raped the victim girl. The victim girl then searched for police contact number and dialed at the police station at about 2.30 p.m. to 2.45 p.m. While doing so, one of the accused snatched her mobile away from her and switched it off. Hence, police could not trace her. The victim girl on reaching Indore filed a complaint against the accused persons on 03.02.2021. Accordingly, FIR was registered by the Calangute Police. A police team was formed and sent to Indore, who with the help of local police arrested the accused and brought to Goa.