VIKRAM VASUDEV JAGADALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. This is an application under sec. 438 of Code of Criminal Procedure, 1973. Applicant herein is apprehending his arrest in crime no. 459 of 2016 registered at Solapur Taluka police station for offence punishable under Sec. 306, 354 and 452 of the Indian Penal Code.

(2.) It is the case of the prosecution that on 25/10/2016, Dattatray Bhosale lodged a report at the police station alleging therein that the father of the present applicant runs a grocery shop near his house. That his wife and his daughters had cordial relations with the parents of the present applicant as well as the applicant. According to the complainant, on 18/10/2016, when he returned home, he saw his wife crying and his grandfather was present in the house. Upon enquiry, his wife had disclosed that on the earlier day i.e on 17/10/2016, at about 11.30 p.m, when the first informant was on duty, his wife and his two daughters were sleeping in the house. It is alleged that the applicant had knocked at the door and that his wife opened the door. Applicant had entered into the house forcibly and had attempted to outrage her modesty. She had raised hue and cry and upon hearing her cries, his grandfather who was sleeping in the court yard had rushed into the house and upon seeing the grandfather, applicant had fled from her house. The first informant had tried to pacify his wife. In the early hours on 18/10/2016, at about 4.00 a.m, when the first informant woke up, he saw his wife hanging. She had committed suicide by hanging herself to the ceiling fan. On 25/10/2016, the first informant lodged a report on the basis of which applicant herein is being prosecuted for offence punishable under sec. 306, 354 and 452 of the Indian Penal Code.

(3.) The learned counsel for the applicant submits that there is no possible explanation for inordinate delay in lodging the F.I.R and that it is an after thought.