AMAR APPASO SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 438 of the Criminal Procedure Code, 1973 in connection with C.R. No.87 of 2023 registered with Atpadi Police Station, District Sangli for offences punishable under Ss. 376(2)(n) , 506 read with 34 the Indian Penal Code , 1860 and Ss. 3 and 25 of the Arms Act, 1959.

(2.) The case of the prosecution is that after the death of grandmother of the victim in 2022, the applicant frequently visited her. He being distant relative, they established contact through cell phone. One year prior the the registration of the first information report, the applicant and victim went to Mahabaleshwar and stayed at a hotel. The victim refused to have sexual intercourse with the applicant as there was no marriage. Two months before the registration of the first information report, the applicant had forcible sexual intercourse with the applicant under the threat of a pistol, but thereafter there were continuous sexual intercourse with the victim. According to the prosecution, under the threat of committing suicide by writing her name in the suicide note, she was forced to perform sexual intercourse with the applicant.

(3.) The application under Sec. 438 filed before the learned Sessions Judge, Sangli has been rejected. Aggrieved thereby, the applicant has filed present anticipatory bail application.