Bombay High Court
Vaibhav S/O Shalikrao Dhoble vs State Of Maharashtra, Thr. Pso, ... on 15 June, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
Judgment apeal259.23
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPEAL No. 259/2023.
Vaibhav s/o Shalikrao Dhoble
Aged about 23 years, Occupation
Private Job, resident of Near
Vitthal Rukhmini Mandir,
Sindi [Railway], Tahsil Seloo
District Wardha. ... APPELLANT.
VERSUS
1.State of Maharashtra,
through Police Station Officer,
Police Station Sindhi [Railway],
Tahsil Seloo, District Wardha.
2.XYZ [Victim in Crime No.263/2022
registered at P.S. Sindi [Railway] -
name and address supplied in sealed
envelope]. ... RESPONDENTS.
---------------------------------
Mr. Y.N. Sambre, Advocate for the Appellant.
Mr.S.S. Doifode, Addl.P.P. for Respondent No.1/State.
Mrs.S.Saware, Advocate [Appointed] for Respondent No.2.
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CORAM : VINAY JOSHI AND
VALMIKI SA MENEZES,, JJ.
DATE : JUNE 15, 2023
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard finally by consent of the learned Counsel appearing
for the parties.
Admit.
2. This appeal raises a challenge to the rejection of order of
regular bail by the Sessions Judge [Special Court], Wardha vide
order dated 12.01.2023 in Criminal Bail Application No.9/2023.
3. The appellant/accused was arrested in connection with
Crime No.263/2022 registered with Sindi Police Station, Wardha for
the offence punishable under Sections 376[3], 450 and 506[2] of the
Indian Penal Code, Section 4 of the Protection of Children from
Sexual Offences Act, 2012 and Sections 3[1][w][i], 3[1][[w][ii],
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3[2][v], 3[2][va] of the Scheduled Castes and Scheduled Tribes
[Prevention of Atrocity] Act, 1989. Initially the appellant applied
for bail to the Special Court, which was rejected and therefore, this
appeal.
4. The appellant claimed bail on the ground of innocence,
false implication, inadequacy of material, delay in lodgment of first
information report, absence of injury on the person of victim and
himself and has showed readiness to abide by the conditions which
may be imposed while granting bail.
5. The State has resisted bail by stating that the victim was
minor and thus, her consent assumes no significance. It is pointed
out the some injuries were found on the person of the victim and out
of fear there was no immediate disclosure.
6. The aforesaid crime was registered at the instance of the
informant girl aged 14 years. It is her contention that through one
friend, the appellant has contacted the victim and then they had
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telephonic conversation. On 02.10.2022, in the afternoon the
accused arrived at her house and by giving threat, had forcible sexual
intercourse. Since the victim was under fear, she kept mum. On
06.10.2022, she felt uneasy while in School and hence, disclosed the
things to the teacher. Thereafter, she also disclosed the incident to
her parents on which report came to be lodged on 06.10.2022.
7. The learned Counsel appearing on behalf of the
appellant/accused took us through the medical examination report
which was conducted on 07.10.2022. Our attention has been invited
to the medical papers to show that no injuries were found on the
person of the informant. Moreover, though the injury on hymen was
present, it was explained by the medical officer that there were old
multiple tear present, and no inflammation and no redness. On this
count it is argued that in absence of injuries, it is difficult to believe
informant's contention that actually there was sexual intercourse in
between them.
8. In response, the learned Counsel appearing for the
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informant would submit that the medical examination has been
conducted after 4 days and thus, there is less possibility of finding
injury on the person of the victim. This is a matter of appreciation
at the time of trial, but, at present we find that during medical
examination, conducted after 4 days, there were no injuries on the
person of the victim. We are well aware that existence of injury is
not a must for establishing the guilt, however, that is one of the
aspect which we can take into account while deciding bail
application.
9. It reveals that the alleged incident took place on
02.10.2022, however, the victim did not disclose anything till she felt
uneasy while in school. It assumes significance that despite forceful
sexual intercourse by a stranger, she did not ventilated the grievance.
The submission in this regard requires consideration. The
investigation is completed and charge sheet is filed. True there may
be possibility of tampering, however, care can be taken thereof by
imposing certain stringent conditions. The trial will take its own
time for disposal, therefore, we deem it fit to release the appellant on
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bail by imposing conditions to maintain the balance. In view of above
the appeal deserves to be allowed, hence, the following order.
ORDER
[i] Criminal Appeal is allowed and disposed of.
[ii] The appellant/accused - Vaibhav Shalikrao Dhoble be
released on bail in connection with Crime No.263/2022
registered with Sindi Police Station, District Wardha for
the offence punishable under Sections 376[3], 450 and
506[2] of the Indian Penal Code, Section 4 of the
Protection of Children from Sexual Offences Act, 2012
and Sections 3[1][w][i], 3[1][[w][ii], 3[2][v], 3[2][va]
of the Scheduled Castes and Scheduled Tribes
[Prevention of Atrocity] Act, 1989, on his furnishing P.R.
Bond in the sum of Rs.50,000/- with one solvent surety in
the like amount.
[iii] The appellant/accused shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case, as also shall not
tamper with the evidence.
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Judgment apeal259.23
[iv] The appellant/accused shall not enter the territorial limits
of entire Tahsil Seloo till the disposal of the trial.
[v] The appellant/accused to provide his residential address
and cell number to concerned Investigating Officer and
shall not change his place of residence without prior
intimation to the concerned Investigating Officer.
[vi] Fees of the appointed Counsel for respondent no.2 be
quantified and paid as per Rules.
JUDGE JUDGE
Rgd.
