ABHIJEET SHARAD PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) BY this application under section 439 of the Code of Criminal Procedure, the applicant seeks bail in respect of an offence registered against him under C.R. No.I-116 of 2007 with Vithalwadi, Ulhasnagar police station punishable u/s.376 of the IPC.

(3.) THE prosecution case is that the applicant was a teacher and the prosecutrix used to go to his house for taking private tuitions. In October 2006, taking advantage of the fact that other two co-students had not come and there was no one in the house, the applicant forcibly raped the victim girl. She, however, did not complain to anybody because after the rape the applicant promised to marry her. After the first incidence of October 2006 the applicant with her consent had intercourse with the victim on several occasions till April 2007. The victim according to her complaint, consented for the same on account of the false promise of marriage. In February 2007, victim became aware that she was pregnant. She along with her mother and the applicant had an abortion performed at Asha Hospital on 27th April 2007. Live girl foetus was delivered but the same died within hours. The foetus appears to have been disposed of by the mother of the girl. Thereafter when the victim asked the applicant to marry her he refused and therefore she filed First Information Report on 18th September 2007