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2988/2018
(Rajesh Jagdish Prasad
V/s State of Maharashtra)
C.R.No.I253/2018 of Koparkhairane Police Stn.
CNR NO.MHTH010082222018
ORDER BELOW EXH. 1
1] Applicant/accused Shri Rajesh Jagdish Prasad has filed
the present application to seek the bail under Sec.439 of Cr.P.C. by
stating that, he is arrested on 16.08.2018 in the present crime
which is registered u/ss.376, 506 of IPC and under sections 4 & 8
of The Protection of Children from Sexual Offences Act, 2012. At
present accused is in judicial custody.
2] It is the allegation of prosecution that, victim girl aged
about 17 years is the daughter of complainant. Complainant,
victim and accused are well acquainted with each other. On the
alleged day of incident accused called victim to his house under
the pretext of giving PAN Card. Thereafter, he closed the door of
his house and committed forcible sexual intercourse with her.
Thereafter, he threatened to kill her younger sister if she disclosed
the incident to anybody. It is further case of prosecution that due
to said sexual intercourse, victim become pregnant.
5] Perused application and say. Heard Ld. Advocate Shri
S.D. Tiwari for the applicant/accused and Ld. A.P.P. Smt.
Moholkar for the State at length. Ld. Advocate for accused
produced one photograph on record in which accused is seen with
complainant and victim and argued that there was no physical
assault on victim. Ld. Advocate for accused also relied on rulings
in case of (1) Satyam Ramchandra Fulore Vs. State of
Maharashtra, 2015 ALL MR (Cri) 2785 and (2) Sunil Mahadev
Patil Vs. The State of Maharashtra, 2016 ALL MR (Cri) 1712.
6] I have gone through the papers. It appears that the age
of victim is 17 years whereas the age of accused is 30 years. It is
seen that, the offence occurred on 14.05.2018 and is registered on
16.08.2018. The allegations against accused in FIR are that he
called victim at his house and committed rape on her, due to
which she became pregnant. Accused put her under fear by
threatening that he will kill her younger sister if she disclosed the
..3.. Cri. Bail Appln. No.2988/2018
(Rajesh Jagdish Prasad
V/s State of Maharashtra)
C.R.No.I253/2018 of Koparkhairane Police Stn.
CNR NO.MHTH010082222018
Thane. (Smt.S.A.Sinha)
02.11.2018. Addl. Sessions Judge, Thane.