PANKAJ CHAGANBHAI GOHIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant seeks his release on bail in connection with C.R. No. 268 dtd. 5/12/2023 registered with the Vinoba Bhave Nagar Police Station, Mumbai for the offences punishable under Ss. 376(2)(n), 354, 323 read with Sec. 34 of the Indian Penal Code, 1860, as well as Ss. 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO').

(2.) There are in all three accused. The present Applicant is accused No. 3. The Applicant had made an Application seeking bail before the Special Court under POCSO of Greater Bombay, however, by order dated 14 th March 2024, the Bail Application was rejected. Hence, the Applicant is before this Court for the reliefs as prayed.

(3.) The facts of the case, in brief, as discerned from the FIR are that the victim was 17 years old at the time of the incident. The victim's mother is a nurse by profession and was on duty during the period of the incident. Her work hours were very difficult because of the Covid-19 Pandemic. Two of her women friends, whom the victim addressed as aunts, were living with her. These two friends used to order dinner and alcoholic drinks in the evening when the victim's mother was not in the house. They used to force the victim to consume liquor in spite of her resistance. On one occasion, one of the friends who is also an accused forced her to drink alcohol on account of which the victim was very sleepy and felt drugged. When she woke up in the morning, she felt very heavy and realised that her body was violated. She was very scared and hence did not confide in her mother. This continued for some time and it is alleged in the FIR that every time the aunts used to force the victim into drinking alcohol. She has always refused. However, after a few days the said aunts showed her some pictures on their mobile phone in which there were nude images of the victim and also in a compromising position with the Applicant. Finally, the victim was able to confide in her mother who was in Kerala at that point of time for some business work and thereafter her mother made a complaint with the police and an FIR was registered.