SUNIL MAHADEV PATIL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Application is moved for regular bail under section 439 of Cr.P.C., as the applicant/accused is prosecuted for the offences punishable under sections 376, 363, 366A of the Indian Penal Code and under section 3, 4, 5 and 6 of the Protection of Children from Sexual Offences Act, 2012. The age of prosecutrix is 15 years old.

(2.) It is the case of the prosecution that complainant, father of prosecutrix gave information to the police that his daughter, who was studying in 9th Std., informed him on 25th November that she is going to meet her teacher but she did not return home. So, he searched for her in the village, but she could not be found. Hence, he gave missing complaint to the police on 27th November, 2014. Accordingly, missing report was registered at 23/2014. On the same day, he informed the police that after enquiry, applicant/accused was not found in the village since 25th November, 2014. So, the offence was registered under sections 363 and 366A against the applicant/accused. Both of them were found on 9th December, 2014. The applicant/accused was arrested on the same day and he is in jail since then. Thereafter on 11th December, 2014, section 376 and sections 3, 4, 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 were added, as applicant Sunil had kidnapped the prosecutrix and performed alleged marriage and established sexual relations with her. Hence, this Bail Application.

(3.) The learned counsel for the applicant/accused has submitted that the applicant/accused and prosecutrix were in love with each other. The prosecutrix wanted to marry the applicant/accused and therefore, they both left their respective families. They got married and lived together like husband and wife. He submitted that it was consensual and the applicant/accused did not take any advantage of the girl. He relied on the statement of prosecutrix which was recorded on 9th December, 2014 under section 164. He also relied on the statement of Pooja Desawale, maternal aunt of the prosecutrix recorded on 9th December, 2014. He further relied on the judgment of Hon'ble Supreme Court in the case of S. Varadarajan vs. State of Madras, 1965 AIR(SC) 942 . He also relied on unreported orders passed in Bail Application No. 159 of 2014 dated 11th February, 2014; Bail Application No. 182 of 2014 dated 5th March, 2014 and Bail Application No. 416 of 2015 dated 25th March, 2015, which is on similar facts of granting bail.