SHANKESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are the accused persons, who have been arrested in connection with Crime No.281 of 2021 registered with Badnapur Police Station, Dist. Jalna for the offences punishable under Ss. 376, 376(D), 341, 323 of Indian Penal Code and under Ss. 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the "POCSO Act").

(2.) Heard learned Advocate Mr. S. S. Thombre for the applicant in Bail Application No.1366 of 2021, learned Advocate Mr. P P More for the applicant in Bail Application No.1345 of 2021, learned APP Mr. N. T. Bhagat for the respondent - State in both matters and learned Advocate Ms. Shital E. Waghmare for respondent No.2 in both matters.

(3.) It has been submitted on behalf of the applicants that the applicants have been falsely implicated. The victim informant, who is stated to be 17 years old girl, states that she resides with her father, who is devotee in Mahadev Temple. She was proceeding at about 4.00 p.m. on 13/8/2021 on a scooter owned by one Baba near her house, at that time, she was stopped by both the applicants. She was dragged near Mosambi garden. After outraging her modesty, they had ravished her. Thereafter, she was allowed to go. It is, in fact, outcome of the actions taken by the present accused persons. Affidavits have been filed before the learned Additional Sessions Judge stating as to what the applicants have done and what the villagers had done with the Baba under whose influence the informant and her father was doing. Said Baba along with some other disciples were given shelter in the temple premises itself about 9 to 10 years prior to the incident. It was assured by him and his disciples that they would carry the Pooja and other activities in the temple. All was going on well for about 2 to 3 years, but thereafter, misbehavior of the Baba and his disciples started. They used to consume Ganja, Bhaang and slowly they started collecting youth from the village for such activities. Even a Gramsabha was organised on 9/3/2021 and it was decided that said Baba and other disciples along with the victim should be asked to leave the temple premises. Thereafter, the said action carried forward and said Baba and others were asked by the Grampanchayat to leave the premises. The said resolution which was passed in the Gramsabha was seconded by one of the accused. The photocopy of the proceeding book and complaint that was given to the police patil about the illegal activities those were carried out by said Baba in the temple premises has been attached.