SAIBAI POPAT VAYKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned Senior Counsel Mr. V.D. Sapkal submits that the appellant in Criminal Appeal No. 531/2021 came to be arrested during pendency of this Criminal Appeal. Thus, the said Criminal Appeal has become infructuous. Criminal Appeal No. 531/2021 is accordingly disposed of.

(2.) In Criminal Appeal No. 530/2021 the appellants/original accused in connection with Crime No. 594/2021 registered with Shrirampur City Police Station, Taluka Shrirampur, District Ahmednagar for the offences under Sec. 376(2)(n), 313, 420, 417, 323, 504, 506 r/w. 34 of Indian Penal Code (for short 'I.P.C. ') and under Sec. 3(1)(r)(s), 3(1)(w), 3(2)(s), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are seeking anticipatory bail. Their application with similar prayer in Criminal Bail Application No. 205/2021 came to be rejected by Additional Sessions Judge, Shrirampur vide order dtd. 12/10/2021. In terms of provisions of sec. 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act this appeal has been preferred against the order of Additional Sessions Judge, Shrirampur passed in Criminal Bail Application No. 205/2021 as detailed above.

(3.) Mr. V.D. Sapkal, learned Senior Counsel for the appellants submits that on the basis of complaint lodged by respondent No. 2/informant aforesaid crime came to be registered. So for as coaccused Tulshiram Popat Vaykar is concerned, the allegations about the commission of rape have been made against him only. It has been alleged in the complaint that the said co-accused Tulshiram Vaykar has given false promise of marriage to respondent No.2/informant and committed the sexual intercourse with her under the said false promise of marriage. This was going on since 2019. It has been further alleged in the complaint that since 2021 the said co-accused Tulshiram Vaykar has started avoiding respondent No. 2/informant. Even then on 14/8/2021 co-accused Tulshiram Vaykar had been to the flat of respondent No. 2/informant and committed rape on her against her will.