NILESH DADA HAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the appellant.

(2.) By this appeal, preferred under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , the appellant seeks his enlargement on bail in connection with C.R. No.194 of 2022, registered with the Indapur Police Station, Pune, for the alleged offences punishable under Ss. 363, 366, 376 r/w 34 of the Indian Penal Code ; under Ss. 4,8 and 12 of the POCSO Act; under Ss. 3(w)(i), 3(1)(w)(ii) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SCST Act') and under Sec. 7(1)(d) of the Protection of Civil Rights Act, 1955.

(3.) Perused the papers. According to the complainant - father of the prosecutrix, the appellant, aged 24 years, enticed his daughter aged 17 years and 6 months, by telling her that he had contacts in Army and he would get her recruited in the Army and that thereafter, on promising marriage, forcibly took her and sexually assaulted her. It appears from the prosecution case, that the prosecutrix, aged 17 years and 6 months, was studying in 12 th Standard and that she met the appellant, who was also residing in the same village. According to the prosecutrix, the appellant was conducting classes for recruitment in the Police Force as well as in the Army and hence she started attending his classes. It appears that the prosecutrix's parents persuade her and told her that nobody could recruit any person in the Army or in the Police Force and hence they stopped the prosecutrix from meeting the appellant. It also appears that thereafter, the appellant started visiting the prosecutrix's house, however, they stopped him from visiting their house. It is alleged that the appellant, on the pretext that he would get the prosecutrix recruited in the Army, took her with him on 20 th March, 2022. Pursuant thereto, the aforesaid FIR has been registered at the behest of the prosecutrix's father alleging the aforesaid offences. After investigation, chargesheet was filed in the said case.