MACHHINDRA APPAJI PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Mundargi, learned senior counsel for the petitioners, Mr. Dalvi, learned counsel for respondent No.2 and Mrs. Pai, learned APP for the State.

(2.) The age of the petitioner No.1 is 56 years and age of respondent No.2 is above 18 years. Petitioner No.1 was already married and he lost his wife in the year 2014. Thereafter, petitioner No.1 got married to respondent No.2 on 21st April, 2015. The age of respondent No.2 at the time of marriage was 14 years and 7 months.

(3.) On 13th Feb., 2017, respondent No.2 registered FIR bearing CR No. 317 of 2017 with Kalachowki Police Station at Mumbai. So far as petitioner No.1 is concerned, allegations are made under Sections 376(2)(i)(n), 323 and 496 of Indian Penal Code 1860 (for short "the IPC"), Sections 6 and 10 of the Protection of Children from Sexual Offences Act 2012 (for short "the POCSO) and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006. Petitioner Nos.2 and 3 are the grand parents of respondent No.2 and petitioner Nos. 4 and 5 are the uncles of respondent No.2. The allegations against these persons are made under Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006. Petitioner Nos 1 to 3 were arrested. Petitioner No.1 was in custody for nearly about 10 months and petitioner Nos.2 and 3 were in custody for 1 month.