RAGHUNATH BHANUDAS KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.1122 of 2020 registered with Police Station Chaturshrungi, Pune, for offences punishable under Sec. 363, 366-A, 376(2)(n), 354-D, 506 of the Indian Penal Code (IPC) and under Ss. 3, 4, 5(1), 6, 11, 12 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) Informant is a maid and on 21/7/2020 along with victim aged 15 years had been to Chaturshrungi, Shivaji Nagar, Pune, to attend the domestic work. However, the victim, under the pretext of abdominal pain, left the house at 1.30 p.m. Since she did not return till late evening, the informant-mother lodged First Information Report (FIR) alleging therein that the victim has been kidnapped from her lawful guardian by some unknown person for some unknown reasons.

(3.) It appears from the record and more particularly from the statement of the victim dtd. 23/7/2020 that she is acquainted with the applicant - a neighbour. According to her the applicant had expressed his love to her many times in the year 2018. However, she was reluctant. Later on, the applicant got married. Her statement further shows that on 13/9/2019 the applicant called her at his residence and again expressed his love for her and told that he cannot leave her and rather would maintain her despite being married. She then alleges that the applicant then maintained physical relations forcibly. Thereafter also he repeated the said act 3 to 4 times. According to her, on 21/7/2020 the applicant telephoned her and asked her to join his company and accordingly, on the pretext of having abdominal pain, she left the company of her mother. She was taken by the applicant to his brother 's house at Kothrud. Later on, when the applicant 's sister-in-law came to know about the lodging of report by the victim 's mother, the victim was dropped at bus stop. From there she rang up her parents and was taken back to house.