SHARAD WAMAN NAIKNAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant, the learned A.P.P. for respondent No.1/State and the learned counsel for respondent No.2/victim.

(2.) The applicant is seeking bail in C.R.No.190 of 2022 registered with Police Station Patoda, District Beed, for the offence punishable under Sec. 376 of the Indian Penal Code and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The victim and the applicant are sister-in-law and brother-in- law. The incident came to the light when she had pains in the stomach and her menstruation was missed. She was taken to the hospital and it was learnt that she was pregnant. She lodged a report on 12/10/2022 against unknown person. However, the crime was registered on 16/10/2022. Then on 20/4/2023, the police recorded her supplementary statement and she disclosed the name of the applicant as culprit. The applicant was arraigned as accused and arrested. The statement of the victim was recorded on 9/11/2022 before the learned Magistrate where also she did not disclose the name of the applicant as culprit.