The High Court confirmed interim anticipatory bail for the applicant accused of multiple sexual offences, rape,枉, and intimidation, noting that while a relationship existed, consent could not be ruled out at this stage.
Interim pre-arrest bail granted on 2nd July, 2014 is confirmed until the filing of the chargesheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sherla V.
aba.783.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.783 OF 2014
Dilip Gajanan Pandit
... Applicant
Vs.
The State of Maharashtra ... Respondent
Mr.Rajiv Patil, Senior Advocate, i/b Dushyat Punekar for the Applicant Ms.A.A. Mane, APP, for Respondent – State Mr.R.K. Kamble, ASI, Shivaji Nagar Police station, Kolhapur – present
CORAM: MRS.MRIDULA BHATKAR, J.
DATE: AUGUST 12, 2014
P.C.:
applicant/accused is prosecuted for the offences punishable under sections 376, 354, 332, 315, 341, 452, 504, 506 r/w 34 of the Indian Penal Code. It is the case of the prosecutrix that the applicant/accused is a neighbour of the prosecutrix. She has lodged the FIR on 19.3.2014. It is her case that 3½ yeas back, the applicant/accused had committed raper on her in his house. At that time, he took her nude photographs. He also took her nude photographs with him. Then he tried to blackmail her. After 8 to 10 days of the incident, his sister also arrived and she insisted the prosecutrix to keep physical relations with the applicant/accused. She also threatened her that her nude photographs would be circulated and
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aba.783.2014.doc
will damager her and her family's reputation. Thereafter, the applicant used to demand sexual favours with her and also raped her many times at different places. She became pregnant out of the sexual relations and he admitted her to one hospital at Dr.Bankar in December 2013 and thereafter the foetus was aborted. He called her father at that time. Thereafter, when she was going to Rajasthan, at Bhusawal, she received his phone and he threatened her and therefore, she got down at Bhusawal and returned to Mumbai in January, 2014. Then again, she went to Jaipur by air with her father and thereafter she gave this complaint to the police. The learned Counsel submitted that he has been attending the police station on all the dates as directed by this Court while granting interim bail. The learned Counsel for the applicant/accused submitted that the applicant is innocent. He has not committed any offence. He further submitted that he has handed over his cellphone to the police. However, no nude photographs are found.
2. Learned Prosecutor opposed the application. She pointed out that
the statements of the father of the prosecutrix, corroborate the say of the prosecutrix. On instructions, she confirms that no nude or obscene photographs were found on the cellphone of the applicant/accused.
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aba.783.2014.doc
(MRS.MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether anticipatory bail should be confirmed given the allegations of sexual offences and the existence of a relationship between the parties.
Whether the current evidence permits concluding that the alleged sexual acts were without consent.
1 provisions across 1 enactments
Dilip Gajanan Pandit
The State of Maharashtra
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
