LAWS(BOM)-2022-1-289

ANIL Vs. STATE OF MAHARASHTRA

Decided On January 12, 2022
ANIL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, heard finally at admission stage.

(2.) Learned Public Prosecutor Mr. D. R. Kale submits across the bar an affidavit-in-reply of respondent no.3. Learned Public Prosecutor submits that the Investigating Officer has expressed an apology for not producing the missing girl immediately when she was traced out. The said apology is accepted with a warning that the Investigating Officer should not commit similar mistake in future.

(3.) The missing girl Deepali, aged 14 years and 8 months is produced before us at 2.30 p.m. in the open court today. Her date of birth is 17. 04.2007 as stated by her in her statement recorded by the Investigating Officer. She has stated before the police that on 18. 10.2021 at about 6.00 p.m., accused Deva had called her on the mobile phone of her granfather and further asked her to come near Maroti temple at 8.00. p.m. and threatened her that if she would not come, he will commit suicide. Thus, the girl Deepali went to the Maroti temple. The said accused Deva met her there and expressed his love. However, the victim refused to accept the said love expression. It has been further stated by missing Deepali in her police statement that thereafter, the said accused took her forcibly on his motorcycle to Ahmednagar and committed rape on her against her will.