MANGESH ANAND BORATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.633 of 2022 registered with Chikhali Police Station, Pimpri Chinchwad for offences punishable under Sec. 376(2)(n) and 506 of the Indian Penal Code, 1860, the applicant is seeking pre-arrest protection under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to the prosecution, the victim is a married woman having one child. In July 2018 the applicant initiated relationship with her and gained her confidence. The victim's husband is alcoholic. The applicant took advantage of it. He promised marriage with the victim after divorce with her husband. By promising marriage in August 2018, the applicant and the victim had repeated sexual intercourse at different places. Ultimately, on refusal of the applicant to marry with victim, the victim filed a report.

(3.) The applicant's application under Sec. 438 of the Criminal Procedure Code, 1973, has been rejected by the Sessions Judge on 22/12/2022.