ROHIT DNYANESHWAR WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking anticipatory bail in connection with C.R.No.206/2019 registered with Satpur Police Station, Nashik u/sec.376 of I.P.C. and u/sec. 4 of The Protection of Children from Sexual Offences Act, 2012 (POCSO).

(2.) The FIR is lodged by the victim herself. She has stated that, her date of birth is 31/12/2002. She has stated that, on 06/05/2019, she had quarreled with her mother, because her mother was suspecting that, she had taken Rs.2,000.00 without telling her mother. The mother inspected her mobile phone. The handset belonged to a friend of the victim. The victim got angry with all this and left her house on 07/05/2019 around noon. She went to C.S.T. In the meantime, her mother lodged complaint about her missing. Her grandfather was aware of such complaint having been lodged. Therefore, as soon as she reached Nashik to her grandfather's place, the grandfather immediately took her back to Mumbai. Because of the complaint lodged by her mother, the victim was taken for medical examination. During her medical examination, the Medical Officer made inquiry with her. At that time, she had informed the doctor that, she was having love affair with the present applicant and on 15/09/2018 on the occasion of his birthday, she had met him. At that time, they had their sexual intercourse. It is mentioned in FIR that, initially she had resisted him, but he continued with his act. On this basis, the FIR is lodged.

(3.) Heard Mr. Aniket Nikam, Ld. Counsel for the Applicant and Mr.Prashant Jadhav, Ld. APP for the State/Respondent.