Rahul Dnyaneshwar Murade And Ors vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12859 Bom

                                                                32-wp-1530-2021.doc


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

                        WRIT PETITION NO. 1530 OF 2021

 Rahul Dnyaneshwar Murade and Ors.                ... Petitioners
            V/s.
 The State of Maharashtra and Anr.                ... Respondents

 Mr. Vikrant V. Phatate for the petitioner.
 Mr. S.P. Rajepandhare for the respondent No.2.
 Mr. A.R. Patil, APP for the State.

                                 CORAM    : AMIT BORKAR, J.

                                 DATED    : DECEMBER 12, 2022
 P.C.:

1. The petitioner is challenging order of rejection of discharge for offences punishable under Sections 328, 376 read with 109 along with Sections 354-A, 354-C of the Indian Penal Code, 1860.

2. Learned Advocate for the petitioner invited my attention to the order passed by the Apex Court in Petition for Special Leave to Appeal (Crl.) Nos.4063-4064/2022 dated 19th July, 2022 by which the Apex Court granted stay to the order passed by the High Court of Karnataka in Writ petitions No.48367 of 2018 and connected matters.

3. The judgment of the Karnataka High Court which is stayed by the Apex Court was relied upon by the learned advocate for the respondent No.2 to urge that the provisions of Section 375 are attracted even in relation to the husband and wife.

32-wp-1530-2021.doc

4. In so far as rest of the Sections are concerned, the learned Sessions Judge has considered in detail Sections 328 and 109 of the Indian Penal Code, 1860. It has been held that there are clear allegations against the petitioner that the sister of accused No.1 used to administer her one pill saying that it will help her to forget the pain occurring due to unnatural intercourse. The learned Sessions Judge recorded a finding that the accused No.1 used to administer her stupefying or unwholesome substance, so that she was unable to understand the nature of the act which accused No.1 was doing with her.

5. In my opinion, therefore, no case for grant of discharge under Section 328 and 109 of the Indian Penal Code, 1860 is made. Therefore, trial to proceed for offences under Section 328 and Section 102 of Indian Penal Code, 1860.

6. In view of the Judgment of Apex Court referred above, the Trial in relation to offence under Section 375 is stayed.

7. Stand over to 3rd February, 2023.

8. There shall be ad-interim relief till 8th February, 2023 in relation to Section 375 of the Indian Penal Code, 1860.

(AMIT BORKAR, J.)