PRABHAKAR GOPALRAO INGOLE Vs. SUPERINTENDENT OF POLICE PRABHANI

JUDGEMENT

(1.) Heard learned Counsel Mr. A.B. Gaikwad for the applicant and Mr. M.L. Dharashive, learned A.P.P. for the respondents, who has also made available the papers of investigation.

(2.) The applicant is seeking direction under section 438 of the Code of Criminal Procedure, in relation to the offence registered at C.R. No. 12 of 2006 against the applicant, under sections 376, 366, 323, 506 of Indian Penal Code at Pathri Police Station, District Parbhani.

(3.) The report is on record, which is filed by the prosecutrix on 28th of January, 2006. It is alleged by the prosecutrix, that she was married with one Sudam Dagadu Salve 25 years prior to the filing of the report. She cohabitated with Sudam Salve for about five years. However, on account of disputes amongst themselves was residing at her parents place since then. Five years prior to this report, she developed love affairs with the present applicant. The consensual sex is also admitted by her and clarified in para No. 1 of the report itself. On 17th December, 2005 since she was being pestered by the applicant continuously, she discarded the relationship with the applicant. At that time, it was agreed by the applicant to pay an amount of Rs. 3 Lakhs to her. This agreement was reduced into writing on a bond paper of Rs. 100/ -. Orally, the applicant had admitted to make the payment within a period of one month, however, the said amount was not paid to her. On 25th January, 2006 at about 11.40 hours, when she was residing at Parbhani, she has received a call on her cell phone-bearing No. 932695718 from the present applicant. She has also given the cell phone number of the applicant as 9422177635. She was informed by the appellant, that he is ready to give her Rs. 3 lakhs and she should attend his office of Panchayat Samiti at Pathri. She accordingly left for Pathri by public transport bus from Parbhani. In the office of Panchayat Samiti, Pathri, the applicant was not available and, therefore, she rang him on his mobile from the coin box telephone, which was installed at the relevant time, outside the gate of the office of the said Panchayat Samiti at Pathri. The Applicant, at the time, was at "Matheran Dhaba" on the Pathri Manwat High Way. She had gone to that Matheran Dhaba at about 3.00 p.m. She demanded the amount as agreed, however, she was being assaulted by him with her own foot ware. This assault was intervened and she was rescued by the owner of the said Matheran Dhaba and other servants viz. Ratnakar Shinde, Shivaji etc. She had left the Matheran Dhaba. Since she was being terrified came to the high way for returning back to her house, however, she was being followed by the applicant. The applicant took her through one jeep. Said jeep was of Zilla Parishad. The applicant, thereafter, alighted from the same jeep at hotel Vinayak in the town of Parbhani. She was also directed to step down from the vehicle. Thereafter, she was being taken by the applicant in the Hotel Harsh. At about 8.00 p.m. the applicant sexually assaulted her and had an intercourse against her will and wish and under the threat. She was also being threatened by the applicant, not to disclose this incident to anyone. According to her, the applicant had gone to bathroom to answer the call of nature in the wee hours and availing this opportunity she left the hotel and went to her house. On account of the threats given by the applicant, she had not reported the matter to the police immediately and, thus, after two days the report was lodged.