SANEEP SURESH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for grant of bail in connection with C.R. No. I-416 of 2017 registered with Bhiwandi City Police Station on 18.12.2017 for offences under sections 376, 506 of IPC r/w. Sections 3, 4, and 12 of the POSCO Act, 2012. The applicant was arrested on 18.12.2017.

(2.) The complaint was lodged on the basis of the statement of the victim, who was minor at the time of lodging of first information report. It is alleged that the victim was residing with her parents at Bhiwandi, where she secured Digitally signed admission in the school for 9th standard. Accused no. 1 used Shalikram by Shalikram Pralhadrao Pralhadrao to chase her and pass comments on her and hence, she had disclosed the said incident to her grand-mother and father, who, therefore, sent her back to Mumbai for further education.

(3.) In November, 2017, the accused no. 1 met her near her school at Bhiwandi and asked her to meet on Sunday. Thereafter, he made calls on her cell-phone and called her to Mangal Bhavan at Bhiwandi. The victim then sat in an Auto- rickshaw with accused no.1 and proceeded to Anjur Fata. The accused no. 1 took her in the room of one building and committed sexual intercourse with her and threatened her not to disclose the incident to any one. Thereafter, the accused no. 1 again met her near her school and took her to another room and committed similar acts with her. The accused no. 2, (applicant) was acquainted with the father of the victim, as they were residing at Ghungaat Nagar, where the accused no.2 (the applicant) used to visit her house . The accused no. 2 saw the victim girl and accused no.1 sitting in Auto- rickshaw and clicked their photographs and started blackmailing the victim for having physical relationship with her. He took her to undisclosed place and committed sexual intercourse with her by threatening her that he would disclose her affair with accused no. 1 to her parents. Since the victim was suffering from pain, the incident was disclosed by her to her parents and thereafter, the FIR was lodged on 18.12.2017.