RUPESH TUKARAM KONDHALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. Shaikh, learned Advocate for Applicant; Ms. Ganapathy, learned APP for Respondent No.1 and Ms. Chavan, learned Advocate for Respondent No.2 appointed through legal aid.

(2.) This is an Application under Sec. 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking Bail in connection with C.R. No.309 of 2022 registered with Koparkhairane Police Station for offences punishable under Ss. 376 (3) of the Indian Penal Code, 1860 (for short 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

(3.) The First Informant is the mother of victim. The date of First Information Report (for short 'FIR') is 3/7/2022. The tenure of the incident alleged in the FIR is from 26/1/2022 to 2/2/2022. In the FIR, First Informant has stated that on 26/1/2022 her daughter namely prosecutrix who was living in village - Abhipuri, Taluka - Bhor, District - Pune was visiting her maternal aunt's residence at Mankhurd, Mumbai for two - three days, when Applicant who is cousin brother of prosecutrix from her paternal side arrived there and invited her to visit his house at Koparkhairane, Navi Mumbai and prosecutrix obliged him by going with him.