AJAY SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Joshi, learned counsel for the applicant and Mr. Chutke, learned APP for the non-applicant No.1/State assisted by Mr. Sonkusare, learned counsel for the non-applicant No.2/victim.

(2.) The applicant is arraigned for the offence punishable under Ss. 363, 376, 506 read with Sec. 34 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act (POCSO), 2012 in Crime No. 436/2021. The incident is dtd. 2/8/2021. The applicant has been arrested on 25/10/2021. The charge-sheet has been filed on 29/10/2021.

(3.) Mr. Joshi, learned counsel for the applicant submits, that the applicant has been falsely implicated in the aforesaid offence. He submits, that considering the fact that the victim herself had accompanied the applicant, the offence for kidnapping cannot be made out. In respect of offence under Sec. 376 of the Indian Penal Code, it is submitted, that though the nonapplicant No.2/victim, is minor, however, the Medical Report in this regard does not indicate any injury whatsoever. He further submits, that though the incident is alleged to be dtd. 2/8/2021, however, the Medical Examination is dtd. 20/8/2021 after a period of 18 days which is fatal to the case of the prosecution. It is contended, that the applicant is entitled to bail.