MOHAMMED AJAAN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Application under Sec. 439 of CrPC [Code of Criminal Procedure, 1973] seeking Regular Bail in connection with C.R. No. 300/2024 lodged at Wadala T.T. Police Station, Mumbai for offences punishable under Ss. 376, 376(3) and 376(2)(n) of IPC [Indian Penal Code, 1860] read with Sec. 4, 6, 8 and 12 of POCSO [Protection of Children from Sexual offences Act, 2012].

(2.) This Court (Coram: Manish Pitale, J.) by order dtd.: 13/1/2024 issued notice to Respondent No.2 - prosecutrix and since she was not represented on the next adjourned date, this Court, by order dtd. 6/2/2025 appointed Ms. Gargi Warunjikar to espouse and represent the cause of the prosecutrix and stood over the matter today. Ms. Warunjikar has addressed me today so also learned Advocate for the Applicant, Mr. Mukte and Ms. Bajoria, learned APP.

(3.) Prosecution case in brief is that Applicant committed rape repeatedly on the prosecutrix for over a period of 15 months from January 2023 to April 2024. Applicant was 22 years old and prosecutrix was 16 years old on the date of filing of F.I.R. [First Information Report under Sec. 154 of CrPC] which is appended at page No.20 of the Bail Application.