GORAKH @ GORAKHNATH S/O VITHALRAO DASARWAD Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2020-12-25
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on December 11,2020

Gorakh @ Gorakhnath S/O Vithalrao Dasarwad Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

V.K.JADHAV, J. - (1.) The applicant is seeking regular bail in connection with Crime No. 144 of 2020 registered with Palam Police Station, District Parbhani for the offence punishable under Sections 376(2)(I), 452, 323, 504 of IPC and under Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. His application with similar prayer below Exhibit 6 in Special Case No. 33 of 2020 came to be rejected by the Additional Sessions Judge (Special Judge), Gangakhed, District Parbhani vide order dated 23.09.2020.
(2.) Learned counsel for the applicant submits that the investigation is over and the charge sheet has been submitted. The applicant is a young person having no criminal history, detained in jail in connection with the present crime since 22.07.2020. Learned counsel submits that the informant/victim has merely alleged in the FIR about outraging of her modesty and further the quarrel between the members of the two families on account of the same. However, after a gap of six days i.e. on 27.07.2020, the informant has made the addition about commission of rape. Learned counsel submits that during the course of investigation, immediately after the incident i.e. on 22.07.2020, the victim was subjected to medico-legal examination, however, in the relevant column, the concerned Medical Officer has recorded the finding as 'normal in appearance' about the labia majora, labia minora and hymen perineum. So far as the per vaginum examination is concerned, there is specific note in the medical examination report that the victim has denied the said examination. Learned counsel submits that the applicant is ready to abide the conditions if imposed by this Court, including the condition as not to enter within the limits of village Vanghujwadi, Taluka Palam, District Parbhani till conclusion of the trial to avoid the possibility of tampering of the prosecution evidence.
(3.) Learned APP has strongly resisted the application on the ground that the victim is 15 years of age and though initially she has made allegations against the applicant about outraging her modesty before the police, however, afterwards in her statement recorded under Section 164 of Cr.P.C. before the Magistrate, the victim has disclosed about commission of rape. Learned APP submits that prima facie there is strong case against the applicant. There is possibility of tampering with the prosecution evidence. The applicant's family is the neighbour of the informant. The applicant may not be released on bail.;


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