GANESH SHANKAR PILANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel appearing for the respective parties, matter is taken up for hearing and disposal, at admission stage.

(2.) The Petitioner is before this Court seeking quashment of the first information report bearing Crime No. 701/2019 registered with Bharati Vidyapith Police Station, Pune on 23/11/2019 for the offences punishable under Setions 376, 377, 506 of IPC and well as under Ss. 4 & 5 of Protection of Children from Sexual Offences Act, 2012.

(3.) Perusal of the copy of the first information report lodged at the instance of Respondent No. 2, who was a minor at the time of lodgment of report, shows that the victim was prosecuting her studies in class 12 in private college whereas the Petitioner was also prosecuting his study for the first year of degree course as an external student. As the Petitioner was residing in the same area of Respondent No. 2, they initially had an casual acquaintance and the same subsequently, turned into a friendship. They have exchanged their phone numbers and then there was a virtual contact between them on social media platform. The friendship subsequently resulted in close relationship and the Petitioner in the month of November, 2019 called the Respondent No. 2 to meet him. It may not be necessary for us to refer to allegations in detail, suffice it to say that, as per the allegation, the Petitioner laid Respondent No. 2 to some unknown place and even though the Respondent No. 2 resisted, the Petitioner by overpowering, exploited Respondent No. 2 physically and sexually. It is further alleged in the report that the Petitioner by giving threats of disclosure of the incident compelled the Respondent No. 2 to keep mum and Respondent No. 2 due to apprehension of defamation in the society and family avoided even to disclose incident to her parents. After sometime because of mental trauma suffered by Respondent No 2, she disclosed the incident to her grandfather. The grandfather then took the parents of Respondent No. 2 in confident and then victim and her family members approached the Bharosa Cell, Pune and subsequently the report was lodged.