ROHAN PARSHURAM VAITI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The Application is fled for pre-arrest bail by the Applicant was then working as a Police Constable with the Rabale Police Station. The victim lodged the FIR under Sections 354-A, 354-D, 323, 504, 506 of Indian Penal Code and Section 8 of the Protection of Children from Sexual Ofences Act, 2012 ('POCSO Act' for short) being C.R. No.368 of 2019. It is the case of the prosecution that the complaint came to be lodged on 25.07.2019 against the Applicant. The victim's husband sufered a paralytic stroke. The victim's husband was running a hotel where the Applicant used to come to take his meals. The husband of the victim and the Applicant are acquainted with each other. It is alleged that the Applicant had helped her husband in one matter. It is then contended that the Applicant made sexual advances towards the victim and demanded that she leave her husband and the Applicant promised to look after her. The victim stopped visiting the hotel because of the harassment. The Applicant was annoyed because complainant-victim refused his proposal. The Applicant even tried to convince the complainant through one Ms. Vandana Tambatkar to accept his proposal. It is then alleged that he used to come to the house of the complainant and demand sexual favours. The husband was also beaten up by the Applicant. The complaint was made to the Commissioner of Police on 12.03.2018. The Applicant pressurised the victim to withdraw the complaint. It is alleged that on one occasion the Applicant tried to molest her. The Applicant was annoyed because of the attitude of the victim in refusing his proposal and therefore, the Applicant ensured that a false criminal case is registered against the victim's husband. The Applicant would often go to the house of the victim and ask indecent questions to the victim as well as a daughter of the victim who was a minor. These allegations of sexual assault on the daughter of the victim by the Applicant. Another complaint was made by the victim, but his time she was forced to withdraw the complaint to secure the release of her husband from jail.

(3.) It is pointed out by learned APP that the chargesheet has been fled under Sections 354-A, 354-D, 323, 504, 506 of Indian Penal Code and Section 8 of the POCSO Act. Learned counsel for the complainant submitted that the Applicant being police officer/public servant, the police ought to have registered the ofence under Section 9 of the POCSO Act being aggravated sexual assault. I do not wish to comment on this aspect at this juncture as these are the matters for the appropriate Court to consider.