MAHESH BHIMRAJ JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned APP for the respondent-State.

(2.) By this application, the Applicant seeks his enlargement on bail in connection with C.R. No. 109 of 2014 registered with the Pant Nagar Police Station, Mumbai, for the alleged offences punishable under section 376 of the Indian Penal Code and sections 4, 5(J}(2), 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The prosecutrix at the relevant time was more than 17 years of age and was studying in the 10th standard, in a School at Ghatkopar (West), Mumbai. The present applicant was a student of FYBA and was also studying at the relevant time. It is alleged by the prosecutrix that they both got acquainted with each other and their friendship developed into a love affair. She has further alleged that both of them would meet each other, at the Anubhav Computer Classes at Ghatkopar (West), Mumbai. She has alleged that in the month of November, 2013, the applicant told her, that as it was his birthday, he would take her to Titwala for celebrating the same. She has alleged that the applicant took her to a lodge instead of a hotel and committed forcible sexual intercourse with her, against her wish. She has alleged that the present applicant promised to many her and on the assurance of marriage again committed sexual intercourse with the prosecutrix. She has stated that thereafter the applicant, time and again came to meet her at the Computer Classes, however, as the applicant did not allow the prosecutrix to speak to her friends, she started avoiding him. She has alleged that the applicant made several attempts to talk to her, however she avoided him. She has alleged that some time in February, 2014, she missed her menstrual cycle, but she did not disclose the same to her mother, as she was afraid. She has stated that about 8 days prior to the registration of the complaint, as she had started vomiting, her mother took her to the Rajawadi Hospital on 19th March, 2014, where the Doctors on examination disclosed that she was 4 1/2 months pregnant. Pursuant to the said disclosure, the prosecutrix lodged a complaint with the Pant Nagar Police Station, Ghatkopar, Mumbai on 19th March, 2014 and the present applicant came to be arrested in the said case.