MAYUR RAJU WANKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this bail application filed under Sec. 439 of the Criminal Procedure Code, 1973, the applicant seeks regular bail in connection with Crime Register No.1017 of 2024 registered at Malawani Police Station, Mumbai. The applicant stands accused of committing offences punishable under Ss. 137(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023, as well as under Ss. 4, 6, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012.

(2.) According to the prosecution story, on 31/7/2024, a 17-year-old victim boy himself approached the police station and lodged a complaint regarding the alleged incident. In his complaint, the victim stated that he was in the habit of visiting Aksa Beach along with his friends for the purpose of fishing. On the fateful day of 31/7/2024, at approximately 4:00 p.m., the victim had gone to Aksa Beach accompanied by his friend Satish Jaiswal for their usual fishing activity. After successfully catching some fish, both of them were sitting on the beach premises when the alleged incident occurred.

(3.) At around 6:30 p.m., an unknown person approached them and questioned them as to why they were sitting at that particular location. The said person then told the victim that he should accompany him to see what had transpired in the nearby bushes. Initially, both the informant and his friend refused to go with the unknown person. However, the said person persisted in his conversation and succeeded in taking the informant to the bushes situated near Aksa Beach. Upon reaching the bushes, the informant could not observe anything unusual, following which he attempted to leave the spot. However, the unknown person prevented him from departing and forcibly removed the informant's clothing. The accused then allegedly inserted his private part into the victim's anus, thereby committing unnatural carnal intercourse with him against his will and consent. Despite the victim's attempts to resist and oppose the said act, he was unable to do so effectively as the accused person possessed greater physical strength than him. The victim was overpowered and subjected to the alleged sexual assault against his will.