AJAY KISAN SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Sejpal, learned Amicus Curiae, Mr. Bardeskar, learned Counsel for the Applicant, Mr. Gaikwad, learned APP, for the Respondent No.1-State and Ms. Balasubramanian, learned Counsel appointed to represent the interests of Respondent No.2.

(2.) This regular Bail Application is preferred under Sec. 439 of the Code of Criminal Procedure, 1973 ("CrPC"). The relevant details are as follows:- <IMG>JUDGEMENT_98_LAWS(BOM)4_2024_1.jpg</IMG>

(3.) The Applicant and the victim are cousins and also neighbours. As per the prosecution case, at the relevant time, when the incident in question occurred, the Applicant was aged 26 years and the victim was aged about 9 years and 9 months enrolled in the 5th Standard [Date of Birth of the Victim- 01/10/2011]. As per the prosecution case, for past about 6 months the Applicant was sexually assaulting the victim and he also threatened her. On 17 th July 2021, the victim informed her mother about the trauma which she was undergoing as she started experiencing severe pain. Thereafter, the Informant i.e. the mother of the victim questioned the Applicant about the said incident. However, the Applicant denied having done anything. Thereafter, as the Applicant's mother started abusing the victim's mother, neighbours gathered there and the victim's mother informed them about the sexual assault suffered by the victim. Thereafter, many women gathered there went to the house of the victim and the victim informed them about the sexual assault. Thereafter, the victim called her brother and other relatives and after discussion, an F.I.R. was lodged on 26/7/2021. The Applicant was apprehended on 27/7/2021.