DATTU LAKSHMAN MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocate for the applicant.

(2.) Learned APP strongly opposed the application. He submits that since the matter is coming for the first time, he is not armed with the papers, however, taking into consideration the contents of the FIR, there is an active role attributed to the applicant. Specific allegations are about committing rape by the present applicant on the prosecutrix. The offence is serious and therefore it does not require sympathy to be shown in favour of the applicant.

(3.) The contents of the FIR would show that the prosecutrix was employed in the spa at Jalgaon. She has made allegations that though she was promised some salary, she was given less. The work assigned to her was to masaj the customers visiting the spa and also there were other girls, who were doing the same duty. There were two managers according to her and present applicant is owner of the spa. She has stated that on the day when the applicant had gone to the spa, she was introduced to him and thereafter according to her the applicant had taken masaj from her and thereafter forcibly had sexual intercourse with her. Thereafter, she waited for her salary to be paid. After two days she was told that she should not come on the job. She also states that she asked as to what has happened. Then it was told to her by present applicant that she should either do work at Nashik or Shirdi. On 10/2/2022 the manager also told her to go away from Jalgaon. It is her say that the staff members had thereafter given her harassment and due to fear she had not immediately lodged the report. She states that she had called the applicant on 14/2/2022 on his mobile and told that she would go. She made allegations against the manager also.