VISHAL MAROTRAO SHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally by consent of learned counsel Shri S.A.Chaudhari for the applicant and learned Additional Public Prosecutor Mrs.S.S.Dhote for the State.

(2.) The present revision is filed by the applicant (accused) in connection with Crime No.976/2021 registered with the non-applicant/police station under Sec. 376(2)(n) of the Indian Penal Code against rejection of discharge application vide Exh.10 (in Sessions Trial No.82/2022) filed under Sec. 227 of the Code of Criminal Procedure.

(3.) The accused is prosecuted for the offence punishable under Sec. 376(2)(n) of the Indian Penal Code on an allegation that the victim who is married lady got acquaintance with the accused. In the year 2011, her husband purchased a house at Shinde Nagar, Yavatmal and the accused was her neighbour. Being his neighbour, she was on visiting terms to his house to meet his mother. In the month of April 2013, the accused, on the pretext that she is called by his mother, called her to his home. When she went to his home, he disclosed that is mother went to nearby house and asked her to sit and, thereafter, he gave her a cup of tea. After drinking tea, she felt drowsy and went to her house. After one month, the accused informed her that she has to come to his house, otherwise he will show her nude photographs to her husband and, therefore, she went to his house. The accused threatened her that she has to give him sexual favour, otherwise he would show photographs to her husband. Due to the threatening, she consented. The accused has also shown her the said photographs. It revealed to her that he has administered her stupefying substance by mixing it into the tea and, thereafter, obtained her obscene photographs and by showing the said photographs subjected her for forceful sexual assault. On the basis of the said report, the police registered the crime. After completion of investigation, chargesheet was filed. The application below Exh.10 was filed for discharge on the ground that due to the previous enmity, he is implicated in the alleged offence. In fact, on 21/8/2021, there was a quarrel between him and the husband of the victim and since then, the husband of the victim was threatening him that he has to face dire consequences and, therefore, this report is lodged.