RAHUL LAXMAN PADMAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under sec. 439 of the Criminal Procedure Code, 1973, in connection with C.R. No.20 of 2019 registered with Warje Malwadi Police Station, District Pune on 18/1/2019 for offences punishable under Sec. 376(2) (n), 452, 323, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860, and Sec. 142 of the Maharashtra Police Act.

(2.) According to the prosecution, the complainant and the applicant are neighbours. It is alleged that since August 2018, the applicant used to harass the complainant. She, therefore, filed FIR No.344 of 2018 under Sec. 341, 452, 354, 354A, 323, 506(2) of the Indian Penal Code, 1860, and Sec. 4(25) of the Arms Act. It is alleged that the applicant used to forcibly enter in the house of complainant and was having forcibly sexual intercourse with the complainant. Upon her resistance, he used to assault her physically. As she was scared, she did not narrated incident to anyone. Finally on 11/1/2019 around 12:30 a.m., the applicant came in front of the complainant's house and started banging the door of the house loudly. When the complainant came out of her house, she was assaulted with fists and blows by the applicant. She, therefore, called police. Therefore, the applicant ran away from her house. She lodged a report with concern police station.

(3.) The applicant was arrested on 18 th January 2019. After completion of investigation, the investigating agency filed charge sheet.