BHAGWAT BABASAHEB GHUMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 439 of Code of Criminal Procedure, 1973 in connection with C.R. No.351 of 2022 registered with Bharati Vidyapeeth Police Station, Pune for the offences punishable under Sec. 376 , 375(2)(n) , 506 of the Indian Penal Code, 1860 and Sec. 4 , 5(1) , 5(n) , 6 , 8 , 12 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The prosecution story in short is as under: Informant Bhagyashri Bhagwat Ghumare has lodged FIR contending that, herself, her husband i.e. accused from this case, her daughter ( victim aged 15 years and 2 months) along with her son Swaraj aged 10 years are residing together. On 27/5/2022 at about 4.00 p.m. when informant was at her home, she shouted on her daughter i/e. Victim and victim got very much frightened. It is contended that, victim disclosed informant that, since last one and half year accused had committed forcible sex with victim and accused had threatened victim that if she discloses said fact to anyone, he will kill victim and her mother. Hence, informant had lodged FIR against accused/applicant with Bharati Vidyapeeth Police Station and above referred crime came to be registered.

(3.) Mother of the victim on 28/5/2022, lodged a report against the applicant (father of victim), alleging that the day before lodging of report (27/5/2022) at 4.00 p.m., the victim disclosed to the informant (mother) that the applicant was committing forcible sexual intercourse with her and threatened her not to disclose incidents, else he will kill her mother. The immediate incident disclosed was of 24/5/2022, when it is alleged that between 6.00 to 7.00 a.m., when the informant was out of home to attend Yoga classes, and the victim was sleeping in the Hall of their house, the applicant committed forcible sexual intercourse with the victim. The birth date of the victim is stated to be 18/3/2007.