PANDURANG KERU PATEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties and learned APP for the State.

(2.) This is an application for bail by the applicantPandurang Keru Patekar in connection with C.R. No.125 of 2020 dtd. 21/11/2020, registered with Kasara Police Station, under Sec. 363, 376(2)(i), 328, 506 read with 34 of the Indian Penal Code, 1860, under Sec. 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and under Sec. 9 of the Prohibition of Child marriage Act, 2006.

(3.) The First Information Report ("FIR", for short) is registered on 21/11/2020 by the father of the victim. On 29/11/2020 the statement of the victim was recorded in the question-answer form. In the 14th question, she stated that she eloped with the applicant, but in the answer of the next question she stated that she was forcibly taken by the applicant. She stated that the applicant married the victim. The victim stated that she did not immediately inform her parents as the applicant threatened to commit suicide if she informs her parents. Therefore, there is a delay of 3 weeks in registering the FIR. The applicant is the maternal uncle of the victim. On record is a marriage settlement agreement between the applicant and the victim which mentions that the age of the victim is 18 years and 3 months. The applicant was 38 years of age and had previously married. In the said marriage settlement agreement it was stated that the applicant divorced his first wife as per the customs and traditions and then he married the victim. The said agreement also signed by the victim is dtd. 25/11/2020.