TIRUPATI VILAS PODALWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. Heard finally with the consent of learned counsels appearing for the parties.

(2.) The present appeal is preferred under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order passed by the Special Judge (POCSO), Chandrapur, dtd. 24/09/2024, rejecting the application of the present appellant for grant of bail.

(3.) The present appellant came to be arrested on 07/07/2023 in connection with Crime No. 164/2023 registered at Police Station Ballarpur, District Chandrapur for the offences punishable under Ss. 323, 376(1), 376(d), 354(d), 363, 506 of the Indian Penal Code, 1860; Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'); and Ss. 3(1)(w)(i)(ii), 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Atrocities Act'). The FIR is lodged by the victim girl on an allegation that she was born on 17/09/2025 and was studying in 12th Standard, at the relevant time on 06/07/2023, she, along with her sister and cousin, at about 2.30 p.m., went to Rujara, at the relevant time, the co-accused and two other persons followed them. At the Rajura Bus Stand, the co- accused, along with his two friends, approached her and asked her to come along with him and the present appellant on his motorcycle, and the other person, namely Manoj Madavi, will come along with her sisters. Therefore, she went along with the present appellant and the other co-accused on a motorcycle. They arrived at 6.00 p.m. at Bambani, where she met her sisters also. They have to proceed at Kothari and therefore, they were waiting for Auto and thereafter, the present appellant and other co-accused again came on their motorcycle and present appellant told her that, he will drop her at her house and she can save the fair also. Therefore, she travelled along with the present appellant and the other co-accused on their motorcycle, but they have not taken the motorcycle at village Kothari, but they took her in a forest and subjected her for the forceful sexual assault. On the basis of the said report, police have registered the crime against the present appellant. During investigation, victim was referred for medical examination and injuries are found on her person. Thereafter, the appellant came to be arrested.