SUSHIL KUMAR CHOUHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure, 1973, (for short ' Cr.P.C .') in connection with C.R. No.I-327 of 2019 registered with Kharghar police station, for offences punishable under Ss. 376, 328, 506 r/w 34 of the Indian Penal Code (for short ' IPC ') and under Sec. 3(2) of Black Magic Act.

(2.) According to prosecution, the applicant is an Astrology, in connection with the said occupation, the victim's mother came in contact with the applicant. On 31/10/2018, the applicant stay with victim's family and convinced them about black magic in their home. On 1/11/2018, ritual was fixed. The victim was accompanied by her mother and father at the time of said ritual, when the victim's mother went inside, the applicant had given chanting water to drink her, resulting into she became unconscious. The applicant removed her cloths and had sexual incident with the victim. The applicant gave threat to kill her parents, if she disclosed this fact to anybody. Thereafter, the applicant kept physical relation with the victim and used to visit her house regularly after 10 to 12 days. On 6/6/2019, the victim disclosed the said incident to her mother and father. When victim's mother and father were sought explanation, the applicant threatened them. She, therefore, lodged report on 31/8/2019.

(3.) Learned Sessions Judge by order dtd. 30/8/2019 rejected the second bail application of the applicant.