ARUN @ SONU SAHADEO BORDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application is preferred by the applicant for quashing the First Information Report in connection with Crime No.141/2019, registered under 354-D of the Indian Penal Code and under Ss. 11 and 12 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The crime is registered on the basis of a report lodged by the non-applicant No.2/Victim aged about 18 years at the time of lodging of the report. As per her allegation she was studying in 11th Class in 2017 at Shivaji Mahavidyalaya, Akola. The accused is used to come there without any reason and persuaded her though she has objected and informed to her parents but the accused continued to follow her. It is further alleged that on 6/4/2019 there was a religious programme and the accused used to see her with a bad intention in front of her parents and number of people. It is further stated that because of the said behaviour of the accused the non-applicant No.2 and parents were harassed and facing defamatory statement in Society and, therefore, due to the said conduct of the accused, she has taken a poison on 8/4/2019 when she was alone in the house. On the basis of the said report Police have registered the crime against the present applicant.

(3.) Heard learned counsel for the applicant, who submitted that the non-applicant No.2 was not minor at the relevant time and her age is in dispute, as far as the alleged incident is concerned. He further submitted that there was a love affair between the victim and the present applicant and out of love affair they were communicating with each other. He has also placed reliance on the WhatsApp communication between both of them and submitted that this WhatsApp communication is sufficient to show that there was a relationship between them which is in the nature of love relationship. Thus, he submitted that the allegations levelled against the present applicant itself is baseless and vague due to the pressure of the parents.