LAXMIKANT JAYCHANDRA SAWJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant has approached this Court, seeking anticipatory bail in connection with Crime No.307/2025 registered with MIDC Police Station, District Chhatrapati Sambhajinagar for the offences punishable under Ss. 376 read with 34 the Indian Penal Code and under Ss. 3(1)(w) (i)(ii) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and in Special Case (Sessions) No.1066/2025 pending before this Court for the offences punishable under Ss. 3(1)(w)(i)(ii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 under Ss. 8, 12 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The case of the prosecution is that the Informant, a lady aged 34 years, belongs to the Scheduled Caste. She was having a love affair with the Applicant's brother-accused, Nitin Savji, since the year 2007. However, as Nitin Savji belongs to an upper caste, her parents performed her marriage with a person of her own caste in the year 2010. She co-habited with her first husband for about two years. In 2012, she left the company of her first husband and thereafter resided with her daughter, aged six years, born from her relationship with Nitin Savji. She co-habited with Nitin Savji up to the year 2024, but subsequently differences arose between them. The Informant further alleged that in the year 2020, Nitin Savji's brother- accused, Pravin Savji, committed rape upon her in their house at Om Sai Nagar, Ranjangaon, and for that purpose Nitin Savji also forced her. In the year 2022, Nitin Savji's cousin, Raju Savji, also committed rape upon her, and Nitin Savji remained silent. It is further alleged that Nitin Savji abused her on the basis of her caste and assaulted her. On 14/4/2024, Nitin Savji's another brother, the present Applicant Laxmikant, sexually assaulted the private part of her minor daughter. He also committed rape upon the Informant and made a video thereof.

(3.) The learned Counsel for the Applicant submits that all other accused in the present crime have been released on bail, except for the present Applicant. Insofar as the role of the present Applicant is concerned, the prosecutrix has stated in the FIR that on 14/4/2024, at about 07:00 p.m., the Applicant, Laxmikant, came to her house at Omsai Nagar, Waluj, removed the knicker of the prosecutrix's minor daughter, touched her private part, and threatened the prosecutrix to permit him to have sexual intercourse, failing which he would spoil the life of her daughter. Having no other option, the prosecutrix states that she allowed the Applicant to have sexual intercourse with her. . It is the submission of the learned Counsel for the Applicant that the incident dtd. 14/4/2024 allegedly took place at Omsai Nagar, Waluj. However, the said house at Waluj had already been sold to another person, and neither the prosecutrix nor her daughter was residing there on 14/4/2024. Therefore, the allegations in the FIR are falsified and are a figment of the prosecutrix's imagination, made with the intention of somehow framing all the family members of the present Applicant.