Digambar Prakash Thorat vs The State Of Maharashtra And ...
2023 Latest Caselaw 1300 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         BAIL APPLICATION NO.58 OF 2023

                   DIGAMBAR PRAKASH THORAT
                              VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
         Advocate for Applicant : Mr. Sonavane Narendra D.
            APP for Respondent/State : Mr. S.P. Deshmukh
  Advocate for Respondent No.3 : Mr. Sayed Azizuddin Rahimoddin
                                (Appointed Through Legal Aid)
                                  ...
                                      CORAM : S.G. MEHARE, J.

                                       DATED : FEBRUARY 07, 2023

 PER COURT:-

 1.               Heard learned counsel for the applicant, learned APP for

 the State and learned counsel for the victim.

 2.               The statement of the victim under Section 164 of the

 Criminal Procedure Code does not contain the allegations of any type

 of sex with her. The medical report is also silent about the injuries

 over her private organ.

 3.               Learned counsel appearing for the victim has strongly

 opposed the application contending that she was 13 years old at the

 time of incident. The story of love affair cannot be considered in view

 of the judgment of the Hon'ble Supreme Court in the case of X

 (Minor) Vs. The State of Jharkhand and Anr, Criminal Appeal No.263

 of 2022 (Arising Out of SLP (Crl) No.9317 of 2021).




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 4.               Learned APP also strongly opposed the application and

 argued that the victim was minor and the applicant was major. They

 were living as husband and wife in the field. So naturally, they must

 have sex. The medical report reveals that her hymen was healed

 multiple tears.

 5.               Learned counsel for the applicant would argue that

 victim's statement under Section 164 of Criminal Procedure Code is

 material. She never made complaint against the applicant and more

 particularly about the violent sex. Therefore, the ratio in the case of X

 (Minor) (cited supra) would not apply.

 6.               Perusal of the papers reveals that the victim who was 13

 years old at the time of incident did not state against the applicant.

 In worse case it must be an offence under Section 363 of the Indian

 Penal Code. To protect the interest of prosecution, certain conditions

 may be imposed. Hence, the following order :

                                    ORDER

 (i)      Bail Application is allowed.

 (ii)     The applicant, Digambar Prakash Thorat, be released on bail on

executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with

one solvent surety in the like amount in connection with Crime

No.190 of 2022, registered with Veergaon Police Station, Tq. Vaijapur,

District Aurangabad for the offence punishable under Section 363,

366-A, 376(2)(J)(N), 376(3), 506, 109 of the Indian Penal Code and

925-ba-58-2023.odt

Section 4, 6, 17 of the Protection of Children From Sexual Offences

Act, on the conditions that;

(a) The applicant shall not tamper with the prosecution

witnesses.

(b) The applicant shall not contact the victim on phone or

any other mode till conclusion of the trial.

(c) The applicant shall not enter the village where the victim

resides till the conclusion of the trial.

(iii) The Secretary, High Court Legal Services Sub-Committee,

Aurangabad Bench do pay the legal fees to the learned counsel

appointed for the victim, as per the schedule.

(S.G. MEHARE, J.)

Mujaheed//