Bombay High Court
Shankar S/O. Talikram Kevat vs State Of Mah. Thr. Pso Ps Goregaon ... on 6 February, 2024
2024:BHC-NAG:1611
51.apeal.788.2023.Judgment.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.788 OF 2023
Shankar s/o Talikram Kevat,
Aged about 19 Years, Occupation : Student,
R/o. Neara Z. P. School, Bothali,
District Gondia. ..... APPELLANT
// VERSUS //
1. State of Maharashtra,
through Police Station Officer,
Police Station, Goregaon,
Tahsil Goregaon, District Gondia.
2. XYZ the victim in Crime No.427/2023
of Police Station, Goregaon, Gondia. .... RESPONDENTS
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Mr. Bhushan Sachdev, Advocate h/f Mr. S. G. Karmarkar, Advocate
for appellant.
Mr. A. G. Mate, APP for respondent No.1/State.
Ms. Anuprita S. Mishrikotkar, appointed Advocate for respondent
No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATED : 06.02.2024
ORAL JUDGMENT :
1. Heard.
2. Admit.
3. By this appeal, the appellant has challenged the order
dated 08.11.2023 passed by the Special Court under the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act in
51.apeal.788.2023.Judgment.odt
Special Case No.143/2023, below Exhibit 3 by which, the application
of the appellant for grant of bail is rejected.
4. The appellant is arrested on 10.08.2023 in connection
with Crime No.427/2023 registered with Goregaon Police Station,
District Gondia for the offences punishable under Sections 363,
376(2)(n) of the Indian Penal Code and under Section 3(2)(v), 3(2)
(va), 3(1)(w)(i)(ii) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and under Section 4 and 6 of the
Protection of Children from Sexual Offences Act, 2012.
5. The accusation against the present appellant is on the
basis of report lodged by father of the victim on an allegation that on
25.07.2023 he had been to Goregaon, at that time he received a
phone call of his neighbour that his daughter has left the house on a
two wheeler. Thereafter, he searched for her daughter, but he could
not trace her, therefore, he lodged a report against the unknown
person. During the investigation, the Investigating Officer searched
the victim and recorded her statement, from which, it revealed that
she went along with the present appellant. On the basis of her
statement, the investigating agency has registered the offence under
Section 376 of the Indian Penal Code.
51.apeal.788.2023.Judgment.odt
6. Learned Counsel for the appellant submitted that from
the statement of the victim, it reveals that she was on the verge of
majority and got acquaintance with the present appellant, which
resulted into a love affair. Out of a love affair, she joined the
company of the present appellant and left her house at her own
accord and stayed along with him for 15 days. During this period,
out of a love affair, there was a physical relationship. Now, the
investigation is completed and charge-sheet is filed. Considering the
circumstances under which the alleged incident has taken place,
further incarceration of the present appellant is not required. He
further submitted that the learned trial Court has not considered this
aspect that the investigation is completed and charge-sheet is filed
and the alleged incident is out of a love affair. In view of that, the
order passed by the learned trial Court deserves to be quashed and
set aside.
7. Per contra, learned APP and appointed Counsel for the
respondent No.2 - victim submitted that the victim at the time of
incident was 17 years of age, her consent is not relevant. In view of
that, the application of the present appellant praying bail deserves to
be rejected. It is further submitted that if the appellant is released
on bail, he will tamper with the prosecution evidence.
51.apeal.788.2023.Judgment.odt
8. I have perused the order passed by the learned trial
Court. The learned trial Court has assigned the reason that the
statement of the victim girl shows that she went along with the
appellant and there was a physical relationship between them. Her
consent is not relevant and therefore, rejected the application. On
perusal of the entire investigation papers, it reveals that there was a
love affair between the victim and the present appellant and out of
the love affair, she went along with the present appellant and stayed
along with him for 15 days. During this period, she has never
complained regarding the forceful sexual assault by the present
appellant, though she was having an opportunity. Thus, the material
sufficiently shows that out of a love affair there was a physical
relationship between them. Considering the investigation is now
completed and charge-sheet is filed, further incarceration of the
present appellant is not required. In view of that, the order passed by
the learned trial Court deserves to be quashed and set aside. In view
of that, I proceed to pass following order.
ORDER
(i) The appeal is allowed.
(ii) The order dated 08.11.2023 passed by the
learned trial Court in Special Case No.143/2023 below
Exhibit 3 rejecting the bail application is quashed and
set aside.
51.apeal.788.2023.Judgment.odt
(iii) The appellant Shankar s/o Talikram Kevat be
released on bail in connection with Crime
No.427/2023 registered with Goregaon Police Station,
District Gondia for the offences punishable under
Sections 363, 376(2)(n) of the Indian Penal Code and
Sections 3(2)(v), 3(2)(va), 3(1)(w)(i)(ii) of the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and under Section
4 and 6 of the Protection of Children from Sexual
Offences Act, 2012, on executing PR bond in the sum
of Rs.25,000/- with one solvent surety in the like
amount.
(iv) The appellant shall not enter into the vicinity of
Bagalbandh Post Kurhadi, till culmination of the trial.
(v) The appellant shall attend the trial Court
regularly without seeking any examination unless
there are exceptional circumstances.
(vi) The appellant shall not induce, threat or promise
any witnesses who are acquainted with the facts of the
case.
9. The fees of the appointed Counsel for respondent No.2 be
quantified as per rules.
(URMIL A JOSHI-PHALKE, J.)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 09/02/2024 15:40:28
