Bombay High Court
Digambar Narayan Wankhade (In ... vs State Of Maharashtra Thr. Pso Ps ... on 9 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 345 OF 2020
Digambar Narayan Wankhade,
Aged about 22 years, Occ. Labourer,
R/o. Mahatma Fule Square,
Paras, Tah. Balapur, Dist. Akola. . . . APPELLANT
...V E R S U S..
1. State of Maharashtra through
Police Station Officer,
M.I.D.C. Police Station,
Akola, Tah. & Dist. Akola.
2. Shital Umesh Khandare,
Aged about 17 years,
Being Minor through her mother
Rupali Umesh Khandare,
Aged about 35 years,
R/o. Sainagar Shivar,
Near MIDC, Akola, Tah. & Dist. Akola.
As her father is stated to have left her
mother and respondent no. 2. .. RESPONDENTS
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None for the appellant.
Shri T. A. Mirza, A.P.P. for respondent no. 1/State.
Shri Nikhil R. Tekade, Advocate for respondent no. 2.
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CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 09.01.2021
JUDGMENT (PER : AMIT B. BORKAR, J.) :-
1. Heard.
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2. Admit.
3. This is an appeal under Section 14A of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short
"the Act of 1989") challenging the order dated 17.07.2020 passed by
the I/c. Additional Sessions Judge, Akola in Misc. Cri. Application No.
387/2020 in relation to Crime No. 65/2020 for the offence punishable
under Sections 376(3)(i), 354, 504, 506 of the Indian Penal Code read
with Section 3(i)(w)(i)(2), 3(2)(5), 3(2)(va) of the Act of 1981 read
with Section 3, 4, 5(j) (ii) K, 6, 11(i)(iv) and 12 of the Prevention of
Children from Sexual Offences Act. The First Information Report (FIR)
came to be registered against the appellant with accusation that one
Rohit Gawai had forcible sexual intercourse with the victim. The FIR
was registered on 24.03.2020. In the statement before the Child
Welfare Committee, the victim stated that the present appellant also
committed sexual intercourse against her wish. The appellant was
arrested on 13.03.2020. He therefore filed Misc. Cri. Application No.
387/2020 with I/c. Additional Sessions Judge, Akola, which came to
be rejected by the impugned order. The appellant, therefore, filed the
present appeal. This Court on 18.08.2020 directed release of the
appellant on provisional bail and issued notice to the respondent no. 2.
The learned A.P.P. has stated that the respondent no. 2 is served. The
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respondent no. 2 has not appeared either personally or through
Advocate.
4. Today, Shri Nikhil R. Takade, learned Advocate has
appeared for the respondent no. 2 and submitted that he has
instructions to appear in the present matter and will file his
Vakalatnama immediately for the respondent no. 2.
5. With the assistance of Advocate for the respondent no.2 and
learned A.P.P. we have carefully considered the material on record.
The appellant is age about 22 years and the victim aged about 17
years. It appears that both were in relationship. The investigation is
complete and charge-sheet is filed. The prosecution has not pointed
out that custodial interrogation of the appellant is necessary. The
Advocate for the appellant has stated that the appellant has no
criminal antecedent to his dis-credit. The prosecution has not pointed
out that the appellant has misused liberty granted to him by order
dated 18.08.2020. We therefore, pass the following order :-
(i) The order dated 17.07.2020 passed by the I/c. Additional
Sessions Judge, Akola in Misc. Cri. Application No. 387/2020 is
quashed and set aside.
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(ii) The order of granting provisional bail dated 18.08.2020 is
confirmed subject to the same conditions as stated in the said order.
The Criminal Appeal is allowed in the above terms.
CRIMINAL APPLICATION (APPA) No. 438 OF 2020
In view of the disposal of the present appeal, the Criminal
Application praying for dispensed with the certified copy of judgment
dated 17.07.2020 does not survive. It is disposed accordingly.
JUDGE JUDGE
RR Jaiswal
