GULAB S/O. LAXMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for pre arrest bail in Crime No. 138/2021, registered with Patan Police Station, DistrictYavatmal for the offences punishable under Sections 376, 376(2)(n), 417 of the Indian Penal Code. Victim girl is aged about 24 years. She lodged First Information Report on 13/12/2021 wherein she contended that she is resident of village Gawara, Tq. Zari, Distt. Yavatmal. She completed her nursing course in the year 2017. The applicant is son of her cousin maternal uncle who resides at village Khapri, Tah. Zari, District - Yavatmal. It is alleged that when she was doing nursing course at Pune she had come to her house at village Gawara. She had come for Diwali festival, during that period, the applicant called her and they started talking to each other. Initially they were friends, thereafter the applicant proposed her for marriage. Thereafter, they developed love relationship. She completed her nursing course in the year 2017. She joined Niga Hospital, Pune. One day applicant came to Pune and met her. He also suggested that they should marry. Thereafter in the month of January 2018 applicant came to see her. She was provided residence by the hospital. The applicant stayed with her during the night and had a sexual relations with her. Thereafter the applicant used to have a sexual relations with her.

(2.) Prior to lock-down in the month of January 2020, the informant met with an accident. Hence she had been to her village Gawara. The applicant used to visit her house. He used to stay in her house. The applicant was serving in Railway Department. He used to attend his duty from the house of the complainant. It is alleged that the applicant used to tell the parents of complainant that he would marry with the complainant. He also assured that after marriage of his sister, he would marry with the complainant. Therefore, the parents of the complainant did not object the visits of applicant to their house. It is alleged that the applicant used to tell complainant that he would marry her and therefore, the complainant used to allow him to have a sexual relations with her. It is alleged that due to the promise of marriage given by the applicant, she used to have a sexual relations with applicant.

(3.) On 24/11/2021 at about 1.00 p.m. applicant came to the house of the complainant and she was alone in the house. He had sexual relations with her. The applicant disclosed complainant that his parents are in hurry to settle his marriage and he requested her to send her parents to his house for settlement of marriage. Accordingly on 08/12/2021, the parents of the complainant went to the house of the applicant. The father of the applicant told the parents of complainant that the applicant is not ready to marry with the complainant, hence they return back. The applicant came to know that on 13/12/2021 the applicant has engaged with one girl with village Zamkhola thereafter she came to Police Station and lodged the report.