NITIN DAMODAR DHABERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By preferring this application, the applicant is seeking bail under Sec. 439 of the Code of Criminal Procedure in connection with Crime No.411/2020 registered with Police Station, Anjangaon Surji, District Amravati for the offences punishable under Ss. 363, 376, 376(2)(n), 376(3) read with Sec. 34 of the Indian Penal Code and Ss. 4, 6 and 17 of the Protection of Children From Sexual Offences Act, 2012. The applicant is arrest on 30/8/2020 and since then he is behind bar.

(2.) The accusation against the present applicant is on the basis of the report lodged by father of the victim, on an allegation that victim is his daughter aged about 13 years old and was studying in the school and at the relevant time on 23/8/2020 his daughter left the house on the pretext that she is leaving the house to bring the book and not returned back. He searched for her, but could not traced her, therefore, he lodged the missing report. After registration of the missing report, the police investigated the matter and the victim was traced. Her statement was recorded and she stated that the applicant is residing in her neighbourhood. She got acquaintance with him. He expressed his feelings that he loves her. She also accepted the feelings expressed by the applicant and they used to communicate with each other. On 22/8/2020 she had been to her grandmother's house and she received the phone call on the mobile phone of her grandmother and asked her to come along with him on the promise of marriage. Thereafter, she took the golden ornaments and cash amount from her house and went along with the present applicant. They stayed at various places. On 29/8/2020 she received a phone call of her grandmother and other relatives and she disclosed that she is at Bangalore. Thereafter, she returned back at home and police have recorded her statement. After recording her statement, the offence under Sec. 376(2)(n) is registered against the present applicant.

(3.) Learned Counsel for the applicant submitted that though victim is aged about 13 years, but as there was a love affair between the present applicant and the victim, she left the parent's house and joined the company of the present applicant. Though they stayed at various places she has not made any grievance that applicant had subjected her for forceful sexual intercourse. Out of love affair, she joined the company of the present applicant and there was no intention to commit the breach of any promise. There was no physical relationship between them. The medical certificate also not supports as no external injuries are found on the person of victim. Now, investigation is completed and charge-sheet is filed. The applicant is behind bar since 2020. There is no progress in the trial. Considering the same, the applicant be released on bail.