MAHENDRA GOKUL RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned A. P. P. for the State.

(2.) The applicant seeks to be released on bail in Crime No. 155 of 2006 registered by Dhule Taluka police station for the offence punishable under sections 376, 506 of Indian Penal Code and section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The prosecution case in brief is that the prosecutrix, a girl aged about 16 years, on 16-5-2006 had been to the house of the applicant to serve as maid servant as substitute for her mother as her mother was not keeping well. At that time, the applicant was alone at house. Taking the benefit of loneliness, he caught her and thereafter committed rape on her in spite of resistance from her. The report of the incident was lodged, on 17-5-2006, wherein it is contended that the applicant had not only committed rape on her but had also given threat to kill her if she would disclose this fact to anybody. The prosecutrix belongs to scheduled Caste while the present applicant is from upper caste. In view of this, offence came to be registered under sections 376, 506 of Indian Penal Code as well as 3 (1) (xi) of Atrocities Act. On the basis of the said report, applicant was arrested on 20-5-2006.