SANJAY MANSING SANTRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicants and Mr. P. C. Patel, learned A. P. P. for the State.

(2.) The applicants seek to be released on bail in Crime No. I-69/2006 registered at Tophkhana Police Station, Ahmednagar for the offence punishable under sections 376, 366-A (C) , 372, 501, 114 read with section 34 of Indian penal Code.

(3.) The prosecution case in brief is that the prosecutrix is a minor girl. She was born on 30-5-1990 and the incident of this case occurred few months prior to 20-2-2006, when she was first caught by Nagpur Police in Ganga-Jamuna redlight area of that city. She was initially taken to remand home and her first statement or F. I. R. leading to registration of this offence came to be recorded on 14-3-2006. Her two supplementary statements were recorded on 14-3-2006 and 15-3-2006. In her first statement dated 14-3-2006, she informed the Police that about 6 months prior to that day, he had come to know one Tejas Gupta. They fell in love. He promised to marry her and in view of this promise from time to time they indulged in sexual intercourse. Later on said Tejas introduced her to one Rekha @ Taherabi and her husband Yakubkhan, who used to run a brothel with 14/15 girls. Initially the prosecutrix was required to keep a watch on, the customers and she also used to reach the girls upto some Hotel at Shirdi, aurangabad. For each such trip she was paid amount of Rs. 300/ -. About four months prior to recording of statements, she was introduced to two customers and she was taken to Natraj Hotel at Ahmednagar, where she was expected to entertain both the customers. Those customers were brothers inter se. After entertaining them, she reached home past midnight. She came to know that they had paid Rs. 3,000/- to Rekha and her husband Yakubkhan for this deal. Next day evening, she redeived Rs. 300/- from Rekha and amount of Rs. 200/- from her husband. It appears that thereafter, she was used for this flesh trade. She also stated before police that on 3-8-2005 her friend Tejas introduced her to one vaibhav, who had taken photographs of her sexual intercourse with Tejas. The photographs were shown to her. She demanded the photographs but they were not given. After that date said Tejas and Vaibhav did not contact her. On 18-2-2006 said Tejas and Vaibhav asked her to go to Nagpur to get the photographs and accordingly, on 19-2-2006 she reached Nagpur. Tejas also went there. There she was taken to Ganga-Jamuna locality, which is redlight area of Nagpur. At about 5 a. m. she was caught by police and taken to remand home. In her statement dated 15-3-2006, she disclosed that Ganesh Thekedar and Sanjay had taken her to Natraj Hotel and Sanjay had forcible sexual intercourse with her. Her second supplementary statement was recorded on 24-3-2006, wherein she stated that names of Tejas and Vaibhav were of non-existing persons and the story of love with Tejas, sexual intercourse with him and that he had introduced her to flesh trade was imaginary story. She also stated that her earlier story of taking of her photographs in compromising position by Vaibhav was also imaginary story. However, she deposed that first of all Ashok cablewala and thereafter Naresh and then Sanjay had sexual relations with her. It is material to note that in her statement dated 24-3-2006, she stated that Ashok was well-known to her as he used to come to her house and in April, 2005, when wife of Ashok had gone to some other village, he had called her to her house and had sexual intercourse with her. Thereafter, she fell in love with Naresh and from May, 2005 to september, 2005, she had frequent sexual relations with him. Later on his wife came to know and thereafter, he ignored the prosecutrix. She stated before Police that she wanted to teach a lesson to Naresh and for that purpose she had been to nagpur.