GYANCHAND LALCHAND CHAUHAN Vs. STATE OF MAHARASHTRA

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 Sec. 376(d), 376(2)(i), 363, 328, 506(2) of the Indian Penal Code, 1860 (' IPC ', for short), under Sec. 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 registered vide C.R. No.05 of 2016 with Kurar Police Station, Mumbai. The FIR is dtd. 05/01/2016. The applicant is arrested on 22/04/2016.

(3.) The applicant is the accused no.2. The victim at the relevant time was 15 years of age. She was in a relationship with one boy named 'Yogesh' who was 21 years of age. In the statement of the victim recorded on 14/01/2016, she stated that the victim ran away with Yogesh as they wanted to get married. Yogesh is one of the accused. The victim narrated that the victim and Yogesh had consensual physical relationship. After a few days, she came back home whereafter the FIR was registered. Almost two and half months after the FIR, the supplementary statement of the victim was recorded. In the supplementary statement, the victm implicated the present applicant. It is stated that when the victim ran away with Yogesh in January 2016, Yogesh insisted her to keep physical relations with the present applicant as well.