The Court rejected a bail application filed by a teacher accused of rape against a minor student. Rejecting claims of false implication, the Court held that for rape, complete penetration is not necessary and cited medical evidence of fresh injury against the applicant.
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.
Cri.Appln.No.1381/17
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
913 CRIMINAL APPLICATION NO. 1381 OF 2017 WITH APPLN/6564/2016 WITH APPLN/6921/2016 WITH APPLN/1862/2017 IN APPLN/6564/2016 WITH APPLN/1863/2017 IN APPLN/6921/2016
AHEMED KHAN S/O. AMIN KHAN VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Mr. Patel Shaikh Ashpak Taher APP for Respondent/State : Mr. S.M. Ganachari Advocate for Assist to APP : Mrs. Poonam V. Bodkhe
CORAM : T.V. NALAWADE, J. DATED : April 18, 2017.
ORDER :
Both the sides are heard. This Court has perused the papers of investigation. A statement was made by the learned counsel for the applicant that this is the first application filed for bail by the applicant in this Court. Learned counsel Smt. P.V. Bodkhe was allowed to assist the learned APP.
Cri.Appln.No.1381/17
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grandmother insisted to disclose as to why the victim girl was not feeling well even when she was taken to one hospital on 20.8.2016 by her mother. On inquiry, the victim girl disclosed some part of the incident and after that, the victim girl was taken to school by the grandmother and when the teachers were shown, she identified the present applicant, who had done that act. During the course of investigation, many statements of the victim girl were recorded and one statement was recorded by J.M.F.C. under section 164 of Cr.P.C. She has blamed the present applicant every time, though in statement under section 164 of Cr.P.C. entire incident was not disclosed. The record and medical examination shows that she was examined on 24.8.2016 and some injury was found on her private part which was fresh tear of hymen. She has not only blamed the present applicant, but also one more teacher and one rickshaw driver.
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and though tear is noticed as fresh, this circumstance cannot be considered or appreciated in view of other material available against the present applicant. The allegations of heinous crime are made against the present applicant, who is a teacher and at present, there is virtually no reason for suggesting that the accused is falsely implicated. The circumstance that other accused are released on bail cannot be used in favour of the present applicant as the incident was allegedly started by the present applicant and others got involved subsequently. In the result, Criminal Application No. 1381/2017 is rejected. The observations are for the present purpose only.
[ T.V. NALAWADE, J. ]
ssc/
2 issues framed by the court
Whether bail should be granted to an applicant accused of sexual offence against a minor child.
Whether allegations of false implication on account of political rivalry can be entertained at this stage.
1 provisions across 1 enactments
AHEMED KHAN
THE STATE OF MAHARASHTRA
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
