SUHAS KRUSHNA BANDIVADEKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicant and the learned A.P.P. By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 65 of 2014 registered with the Vakola Police Station, for the alleged offences punishable under Sections 363, 366A, 376D, 323, 506 r/w. 34 of the Indian Penal Code.

(2.) The alleged incident has taken place in February, 2014 and the FIR has been lodged on 21st April, 2014. It is alleged by the prosecutrix who was aged 17 years at the relevant time, that she was working as a maid servant at Andheri. It is alleged by the prosecutrix that some time in February, 2014, she received a call from one Sachin, original accused No. 4 to come down from the flat. It is alleged that Sachin came there and asked the victim girl and her friend Laxmi to accompany them. It is alleged that the co-accused Sachin and Subhash (applicant) forcibly made the victim girl sit in the rickshaw and asked Laxmi to stay in Cooper Hospital. It is alleged that thereafter, they took the prosecutrix to a building at Kurla where all other accused were present and that all the accused persons sexually assaulted her, one after the other.

(3.) The principal ground on which the learned Counsel for the applicant seeks bail, is that the name of the applicant as disclosed by the prosecutrix is "Subhash" in the FIR, whereas, the present applicant is "Suhas". He submitted that there was no test identification parade held to identify the present applicant, as to whether the present applicant was 'Subhash'. He submits that neither is there any medical evidence in the form of D.N.A. Report to corroborate that the applicant was 'Subhash' as alleged in the FIR.