Allowed

Rajaram Gopinath Sawant v. the State of Maharashtra

Bombay HC9 Sept 2014BA/1288/2014

Case brief

AI extract

What is this about?

In a bail application by an accused charged with procuring a minor for sexual assault and related offences, the High Court granted bail subject to conditions restricting contact with the victim and movement in Ratnagiri, noting the applicant's limited role despite a prior criminal history.

What did the court decide?

Released on bail by furnishing PR bond of Rs.25,000/- with sureties, subject to conditions prohibiting contact with the victim and banning entry into Ratnagiri until October 8, 2014.

Rajaram Gopinath Sawant Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2014)

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27 BA 1288 OF 2014

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vks

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1288 OF 2014.

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Rajaram Gopinath Sawant .. Applicant. V/s. The State of Maharashtra .. Respondent.

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Mr. N. N. Gawankar i/by M/s Sharon Patole, for the Applicant.

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Smt. A. A. Mane, APP for the respondent State.

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CORAM : MRS. MRIDULA BHATKAR, J.

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DATE : 9^th September, 2014

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P.C.

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Application is moved for bail as the

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applicant accused Rajaram Sawant is arrested in connection with offence punishable under

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120(B), 376(2)(i), 354(a), 370(a), 372, 373, 292, 506, read with section 34 of the Indian Penal Code and under Sections 5(f)(6), 7/8b, 71(3)/12 of of Protection of Child From

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Sexual Offences Act, 2012 and section 3, 4, 5,

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and 9 of Immoral Traffic(Prevention) Act,

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which is registered at C.R.No.45 of 2014, at

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Page No.1 of 5

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27 BA 1288 OF 2014

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Ratnagiri City Police Station, Ratnagiri. The

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prosecutrix who was 14 years, resident of Ratnagiri, has reported about the offence to the police that she alongwith her sister used

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to visit the house of principal accused Swati Thakur. On frequent visits of the prosecutrix

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to the house of principal accused Swati

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Thakur, she, by sweet talks, with the

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prosecutrix gained confidence in her.

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Principal accused Swati Thakur and applicant Rajaram Sawant started offering her beer. She

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developed liking of beer as she used to get tips. Swati Thakur introduced her to one of the co-accused Sushil Mandavkar. Both of them

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used to show her porn films and Mandavkar had

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sexual intercourse with her and also

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threatened her if at all she would tell this fact to anybody, she will be defamed. Swati

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Thakur also told her that she is taking money

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from the persons who are going to have sexual intercourse with her. Swati Thakur told her

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Page No.2 of 5

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27 BA 1288 OF 2014

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that she is collecting money for the marriage

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of th victim. Therefore, she did not tell

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anything about the incidence to anybody. Swati Thakur thereafter introduced accused Nos.3 and

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accused Nos 4 and 5 and also other co-accused. As per case of the prosecutrix victim. The

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accused No.4 Jitendra had led some sexual advances towards her on one occasion and

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accused No.5 Prakash @ Balu Sadanand Salve had

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sexual intercourse with her. It is the case of

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the victim that in between the other accused

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persons and Sushil Mandavkar had sexually

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abused her though she was not ready for the

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same. This is how for number of times, she

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was raped by the co-accused persons and this

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was all pioneered by the principal accused Swati Thakur.

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The learned counsel for the applicant

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accused No.6 Rajaram Sawant has submitted that

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except bringing beer bottles sand offering

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beer to the prosecutrix, no role is

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Page No.3 of 5

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attributed to the applicant Rajaram Sawant. He is to be released on bail.

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application. She submitted that the charge is

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framed on 28.8.2014 and now the matter is

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fixed for hearing tomorrow on 10.9.2014 and

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the evidence of victim is going to be

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recorded. She further submitted that the

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applicant accused was having alliance with the principal accused Swati Thakur who forcibly made to drink beer. The learned APP further submitted that nearly 25 cases were registered against the applicant accused.

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victim and witnesses, the role played by the

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applicant accused Rajaram Sawant is very limited. He used to bring beer to the house of principal accused Swati Tyhakur and also

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forcibly offer beer to the prosecutrix. However, there are no allegations of any

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sexual advances by him or he leading her to

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Page No.4 of 5

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27 BA 1288 OF 2014

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prostitution. There is criminal record of the

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applicant as he was involved in 25 cases.

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However, that should not come in the way in view of the role attributed to the present applicant. In view of this, the application is allowed on the following conditions :-

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Order

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I) The applicant arrested in connection with above crime be released on bail his furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the aggregate sum of Rs.25,000/-.

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II) The applicant shall not

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pressurize the victim and her family members in any manner and shall not keep any contacts with the victim.

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III)The applicant shall not enter the city of Ratnagiri till 8^th October, 2014, except for attending the trial. IV) Violation of any conditions will amount to cancellation of bail.

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(MRS. MRIDULA BHATKAR, J.)

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Page No.5 of 5

Rajaram Gopinath Sawant v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rajaram Gopinath Sawant v. the State of Maharashtra

Case brief

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What did the court decide?

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