LAWS(BOM)-2023-9-193

KAVITA PINTU DHIVAR Vs. STATE OF MAHARASHTRA

Decided On September 12, 2023
Kavita Pintu Dhivar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

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

(2.) This is an application for bail in respect of the offence punishable under Ss. 376(2)(n), 323, 504, 506 read with 34 of the Indian Penal Code (hereafter ' IPC ' for short) read with Ss. 4 and 6 of the the Protection of Children from Sexual Offences Act, 2012 ("POCSO", for short) registered on 1/8/2022 vide C.R. No.292/2022 with Nerul Police Station. The date of the incident is between 3/8/2017 to 22/7/2022.

(3.) The applicant is a woman. The applicant was arrested on 5/8/2022 and now is in custody for more than one year and one month. The victim, 15 years old, narrated that she lost her parents when she was three months old. The victim was residing with her grandfather in West Bengal. The applicant was known to the victim's grandfather. Eight years prior to the incident, the applicant brought the victim along with her to Nerul. It is alleged that the applicant was working in a Mall. The applicant made the victim to work in the Mall. The applicant forced the victim to have sexual relations with the employees working in the Mall. It is then alleged that she was made to work in the house of applicant's daughter. The victim alleged that the applicant's son-in-law that is the accused no.1 had forcible sexual intercourse with her. Hence the First Information Report (FIR).