ROHAN MOHAN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of all the parties, the present petition is taken up for final hearing and final disposal at the stage of admission itself.

(2.) The present criminal Writ Petition is instituted under Article 226 of the Constitution of India r/w Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS") by the petitioner who is an arrested accused in C.R. No. 0512 of 2024 registered with Karjat Police Station, Dist. Ahmednagar at the instance of the father of the victim. The Petitioner has raised grievance about violation of his fundamental rights guaranteed under Article under 21 and 22 of the Constitution of India and also violation of the statutory mandate under Sec. 47 of BNSS. The petitioner has thus sought reliefs, including a declaration that his arrest is illegal on account of (a) detention beyond 24 hours before he was produced for remand, and (b) failure to communicate the grounds of arrest to him, thereby violating Sec. 47 of BNSS. The prosecution case in brief concerns offences under Ss. 137(2), 64(1), 64(2)(a), 64(2)(i), 64 (2)(m) of the BSS and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The first information was lodged by the victim's father alleging that the victim's date of birth as 23/4/2007 and on the date of FIR, the victim was about 17 years and 3 months old.

(3.) The essential chronology that can be drawn from the pleadings and records placed before us is not seriously in dispute. On 11/8/2024, FIR under Sec. 137(2) BNS was registered when the girl did not return home from her college. On 6/10/2024, at about 06.00a.m., the petitioner and the victim were found together at a village Ganegaon, Tq. Bhoom, Dist. Dharashiv. They were taken to first Bhoom Police Station and from there at around 09.10 a.m. the police and the petitioner along with the victim proceeded towards Karjat Police Station. Upon reaching Karjat at around 12.00 noon on the same day, the record shows that the statement of the victim was then taken up for recording. The record shows that the victim in her statement narrated that the petitioner under the pretext and promise of marriage had committed sexual intercourse with her on several occasions from 11/8/2024. On the basis of the statement of the victim which came to be recorded at 07.00 p.m. on 6/10/2024, the POCSO Sec. under 4 and 6 along with other penal provisions were added and the petitioner came to be arrested at about 10.37 p.m. The petitioner was then produced before the learned Special Judge (POCSO) at 03.00 p.m. on 7/10/2024, seeking police custody remand of seven days. We must clarify that in the reply the prosecution has stated he was taken to the jurisdictional Court at around 11.30 a.m. on 6/10/2024, while the remand was taken up by the learned Court at about 03.00 p.m.