KALPESH BHIMRAO MAHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present applicant is apprehending his arrest in connection with Crime No.216 of 2021, registered with Shirpur City Police Station, District Dhule, for the offence punishable under Sec. 377, 498A, 323, 504, 506 read with 34 of IPC.

(2.) Heard learned Advocate Mr. A. S. Sawant for applicant, learned APP Mr. A. M. Phule well assisted by learned Advocate Mr. A. B. Girase for respondent-State.

(3.) It has been vehemently submitted on behalf of the applicant that the applicant is the husband of the informant victim. Their marriage was performed on 21/1/2021. Applicant is serving at Vijapur, District Mehsana, Gujarat State. He is the Senior Lab Chemist with Gujchem Sir Fectan Limited GIDC Ranasan, however, his native place is Savkheda, Taluka Amalner, District Jalgaon. His parents are residing at Savkheda. The informant is making allegations that after the marriage, she was treated properly and was kept with her in- laws. Thereafter, after some days, she was taken to Vijapur by the applicant. She makes allegation that applicant, in-laws, sister-in-law and husband of sister-in-law used to harass her on the count that they were not honoured in the marriage and proper articles have not been given. They started demanding amount of Rs.3,00,000.00 for purchasing a flat at Vijapur. When she expressed her inability to give the money, they used to give her mental harassment. Thereafter, when the applicant was alone at Vijapur, he used to demand the nude photos of the informant. When she used to refuse and tell that fact to her sister-in-law, sister-in-law used to say that if she is feeling shy, then those photographs be sent to her and she would forward it to the applicant. That fact was told by the sister to the applicant, and thereafter, the applicant is stated to have scolded the informant. The informant then states that she could get from the mobile phone of the applicant that the applicant has illicit relations with a lady. Thereafter, he started drinking liquor, smoking and chewing Gutkha. The applicant used to physically harass the informant under the influence of liquor. It is then stated that since 6/3/2021 the applicant went to his place of service and her father-in-law called her father and sent her to parental house. She stayed with her father for about two months and in the meantime went to matrimonial home twice. Applicant had gone to fetch her on 10/6/2021. At that time also she could see the call recording of her husband on his mobile and could get that he used to talk to a lady frequently. When she asked about the same to the applicant, she was beaten. She then alleges that on 4/7/2021 the applicant had committed unnatural intercourse with her and when she disclosed the said fact to her mother on 5/7/2021, her father and matrimonial uncle went to Vijapur on 7/7/2021, and under the pretext that her mother 's health is not good, she was taken back. She had then lodged report with Women 's Cell at Dhule and three rounds of meetings were held, but the applicant was not repenting his acts, and therefore, she lodged the report.