SACHIN GULAB NIKALJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.328 of 2023 registered at Pune City police station for the offence punishable under Ss. 354, 354-A, 354-B, 354-D, 452, 323 , 504, 506 of the Indian Penal Code (for short " IPC "). The applicant is seeking relief under Sec. 438 of the Code of Criminal Procedure, 1973.

(2.) According to the prosecution, the informant lodged a report that she works as Peon at Koregaon Gram Panchyat for 13 years. The applicant is Ex-Deputy Sarpanch of the said village. On 13/4/2023, the informant was proceeding towards her home after completing cleaning work. The applicant approached the informant and expressed his love by taking her hand in his hand. He pulled corner of her saree and demanded sexual favours from informant. The informant refused to accept proposal of the applicant. On refusal, he assaulted and abused the informant. The applicant, thereafter came in her house on 17/5/2023 despite her refusal again held her hand and forced her to give consent for his proposal. She refused again. On the next day, she informed her husband about the incident. Based on aforesaid incidents report registered on 19/5/2023. The applicant approached learned Sessions Court, by interim relief learned Sessions Court protected the applicant. However, the Sessions Court directed the applicant to co-operate with investigation. It is submitted that during pendency of interim relief, the applicant using his influence as a Deputy Sarpanch was forcing the informant to withdraw the complaint. Accordingly, informant lodged C.R. Nos.576 of 2023 and 613 of 2023 against the applicant on 29/5/2023 and 10/6/2023. Learned Sessions Court rejected the application. Aggrieved thereby, the applicant filed present application.

(3.) Learned Advocate for the applicant submitted that the applicant has been falsely implicated. There is no material on record to substantiate the circumstances.