BRIJMOHAN RAMDATTA SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.A.P.Gupte on behalf of the petitioner and Mr.Thakur, APP for Respondent-State.

(2.) THIS is an application for bail preferred by an accused who has been implicated for offences under Section 366, 376, 343, 376(A) of IPC under C.R.No.125 of 1996 by Dongri Police on 26th June 1996. The prosecutrix who is a married girl was found in the truck which was driven by the applicant-accused. The prosecution case is that the prosecutrix asked for lift to go to her village in Indore, State of Madhya Pradesh but the accused told her that they will go to Bombay and from there they bring her back to her native village. It appears that the prosecutrix had left her husband's house after quarreling who stated her age to be of 16 years. She had left Indore on 22nd June 1996. The accused were arrested on 26th June 1996 by Dongri Police at Bombay. The girl was found to be in the said truck along with the applicant and another accused who was the cleaner of the truck. After the police arrested the accused as well as the prosecutrix she gave her statement in which she did not make any allegation against the accused for the alleged offence. It was only on

(3.) WITH the help of Advocate Mr.Gupte for petitioner and Mr.Thakur, learned APP on behalf of the State, I have gone through the statements of some of the witnesses. The investigation in the matter is over and the charge-sheet is filed and I am told by Mr.Gupte that the matter is committed to the Sessions Court.