LAWS(BOM)-2023-10-129

HARISH PANDITRAO BHAILUME Vs. STATE OF MAHARASHTRA

Decided On October 12, 2023
Harish Panditrao Bhailume Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The applicant impugns the order dtd. 20/5/2022 passed by the Additional Sessions Judge, Shrigonda below Exh.8, in Sessions Case No. 23 of 2020, thereby rejecting the application filed by the applicant under Sec. 227 of the Code of Criminal Procedure, seeking discharge of the offence punishable under Ss. 376 and 420 of IPC.

(2.) The respondent No.2 lodged complaint dtd. 13/6/2019 with Police Station, Karjat , Dist. Ahmednagar alleging that since 1997-98, she had love affair with Harish Panditrao Bhailume (present applicant). Both of them were pursuing education in Dada Patil College, Karjat. They had affection for each other and out of such love affair, they developed sexual relations. She alleges that under the false promise of marriage, the accused demanded sexual favour from the her and maintained sexual relationship. Twice she had conceived pregnancy but aborted on persuasion of the accused. When she realized that applicant is avoiding to marry her, she lodged report dtd. 17/12/2018 with police station, however, matter was settled when applicant took her at the house of his maternal uncle and then they resided together in a rented room of Rashidbhai Zarekari. Even thereafter, applicant suspected her character, tortured mentally and physically.

(3.) The police took cognizance of complaint, which culminated into registration of Crime No. 312 of 2019 for the offences punishable under Ss. 376 and 402 of IPC.