Balasaheb Babanrao Nagawade vs The State Of Maharashtra
2017 Latest Caselaw 2885 Bom

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RMA      
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPEAL NO. 459 OF 2017


            Balasaheb Babanrao Nagawade                                     .. Appellant

                                 Versus
            The State of Maharashtra                                        .. Respondent

                                                   ...................
            Appearances
            Mr. Aniket U. Nikam Advocate for the Appellant
            Mr. H.J. Dedia      APP for the State
                                                   ...................



                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              SANDEEP K. SHINDE, JJ.

DATE : JUNE 7, 2017.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Heard both sides.

2. This appeal is directed against the order dated

2.5.2017 passed by the learned Additional Sessions Judge,

Pune in the application for anticipatory bail preferred by the

appellant. By the said order, the application of the appellant

for anticipatory bail came to be rejected. The applicant has

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moved for anticipatory bail in C.R. No. 76/2017 of Lashkar

Police Station, Pune. The said C.R. is under Sections 376 and

328 of IPC, under Sections 3, 4, 11 and 12 of the Protection

of Children from Sexual Offences Act, 2012 and under

Sections 3(1)(w), 3(2)(v) of the S.C. & S.T. Act.

3. It is the prosecution case that the date of birth of the

victim girl is 14.4.1998. The appellant committed rape on the

victim girl for the first time in August 2015 after

administering intoxicating substance on her. The appellant

took video clip of the act of rape and thereafter he used it

to blackmail the victim girl to have sexual intercourse with

her repeatedly. The victim girl has clearly stated this fact in

her FIR dated 8.4.2017.

4. Learned counsel for the appellant submitted that in

fact, the victim girl was in love with the appellant who is a

married man and she was pursuing the appellant and she

took initiative in sending messages to the appellant. He

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further submitted that the victim girl had made complaint on

15.7.2016 to the police in which she has not mentioned

about any rape but she had mentioned only about the

appellant harassing her by sending messages. As far as the

second aspect is concerned, it is seen that it is the case of

the victim girl that the appellant had in his possession a

video clip which shows the appellant committing rape on her.

It appears that on account of this, she may be frightened

and under pressure, hence, she may not have revealed the

fact of rape in her complaint dated 15.7.2016.

5. As far as the aspect that the victim girl was in love with

the appellant and she was after him and she took initiative in

sending messages to him is concerned, reliance was placed

by the learned counsel for the appellant on some SMS which

have been sent by the victim girl to the appellant which

shows that she was in love with him. It is seen that the rape

was committed for the first time in August 2015. At that

time, the victim girl was below the age of consent and hence,

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there was no question of her giving any consent to the act

even though she may have been in love with the appellant.

6. In view of the allegations made by the victim girl, prima

facie, the involvement of the appellant in a case of rape is

made out. In addition, the learned APP submitted that as far

as the cellphone of the appellant is concerned in which the

video clip relating to rape has been captured, the appellant

is not cooperating with the investigating team by giving ID

and password through which the contents of the video clip

can be retrieved. In view of all these facts, we are not

inclined to grant anticipatory bail to the appellant. The

appeal is dismissed.

7. At this stage, learned counsel for the appellant states

that he wishes to challenge this order before the Apex Court,

hence, the interim protection be extended by a period of four

weeks from today. We find the request to be reasonable,

hence, we extend the interim protection by a period of four

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weeks from today.

[ SANDEEP K. SHINDE, J. ]             [ SMT. V.K. TAHILRAMANI, J. ]




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