SATYAM RAMCHANDRA FULORE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the applicant and the learned APP for State. Perused the papers. This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 9/1/2014 in Crime No. 12 of 2014 registered at Kolsewadi Police Station, Kalyan for offence punishable under Section 363, 366, 376 of the Indian Penal Code read with Section 4 and 12 of the Protection of Children from Sexual Offences Act, 2012. The investigation is completed and charge -sheet is filed on 4th March, 2014.

(2.) THE case of the prosecution is that on 6th January, 2014 Harindranath Bahadur Yadav filed a missing complaint at the police station contending therein that on 5/1/2014 at about 9.30 p.m. his minor daughter has left the house without informing anybody. It appears that the girl was found on 8/1/2014. Her statement was recorded by API of Kolsewadi Police Station. She has disclosed that on 5/1/2014 her mother had scolded her in regard to her studies. She was enraged and therefore, she had left the house on her own accord and had stayed with her maternal aunt Munni Ramesh Yadav for two days. That she had returned to her house on 7/1/2014. She has specifically stated that she has no grievance against anybody for leaving the house. The said statement is signed by the daughter of first informant.

(3.) PERUSED the papers of investigation. It is apparent that the girl was in love with the present applicant. The victim was sent for medical examination. She had not given any history of sexual assault. The history in the medical case paper is as follows: