The Bombay HC dismissed an appeal against the Additional Sessions Judge's order rejecting bail. The Court found sufficient material and medical evidence corroborating the prosecution's version involving a minor victim, holding the appeal devoid of merit. A direction to frame charges and expedite the trial was issued.
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.
Digitally signed by BHAGYAWANT BHAGYAWANT TATYARAO TATYARAO PUNDE PUNDE Date: 2021.08.10 14:35:55 +0530
APEAL-106-2021.doc9
1 / 8
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 106 OF 2021
XYZ
...Appellant
Versus
Mr. Jahanara Sarkhot i/b. Mr. Ramji T. Kotali for appellant. Mr. J.P. Yagnik, APP for State.
Mr. Akshay Deshmukh for Respondent No. 2.
CORAM : S. S. SHINDE & N. J. JAMADAR, JJ.
RESERVED ON : 8th JULY, 2021. DELIVERED ON: 10th AUGUST, 2021.
JUDGMENT [PER S.S. SHINDE, J.]:
on behalf of Respondent-State, and with the consent of learned counsel appearing for the parties, the matter is taken up for hearing.
Bhagyawant Punde
APEAL-106-2021.doc9
2 / 8
sexual assault identity of the appellant and informant needs to be concealed, hence, the appellant is referred to as “XYZ” and the informant is referred to as “ABC”. The Registry is directed to maintain the record accordingly.
The mother of the victim aged about 12 years, lodged a report mentioning therein that on 29.02.2020 the victim went to school. At about 9.42 am, the first informant went to her regular work to earn livelihood for survival and at work place she received a phone call informing that three person beat the victim girl. The first informant reached at her house and upon inquiry with the victim, victim girl told that at about 9.30 am during recess, she went at one shop in front of her school for bringing some project articles. At that time, one rickshaw came and appellant and other accused pulled the victim girl inside the said rickshaw. One of the accused namely Ajay was driving the said rickshaw. The appellant and accused Kailash pressed the mouth of victim girl and threatened her that
Bhagyawant Punde
APEAL-106-2021.doc9
3 / 8
they will kill her mother i.e. the first informant. Accused Kailash touched her chest and the present appellant tried to remove her panty. Thereafter, appellant and both co-accused pushed her from that rickshaw. The victim girl narrated the incident to one person and watchman on duty at Pavale ground.
Bhagyawant Punde
APEAL-106-2021.doc9
4 / 8
Bhagyawant Punde
APEAL-106-2021.doc9
5 / 8
Bhagyawant Punde
APEAL-106-2021.doc9
6 / 8
have been recorded by the investigating officer. The first informant who is the mother of victim girl has narrated the incident in the FIR. In Column No. 25 of the medical certificate issued by the doctor, it is mentioned as under:
History and clinical examination is consistent with vaginal penetration with age of hymenal injury within 24 hours of time of examination. Injuries mentioned in general physical examination are simple in nature, of age within 24 hours from time of examination.
Bhagyawant Punde
APEAL-106-2021.doc9
7 / 8
accused are residing in same vicinity and in case the appellant is released on bail, the appellant may tamper with the prosecution evidence/witnesses. It is not necessary to elaborate the reasons. Suffice it to say that, the FIR was lodged with promptitude and on very same day the victim girl was taken for medical examination and the opinion of doctor lend support to the prosecution case. The case in hand is not a simple case, but the age of the victim girl at the relevant time was 12 years and also she belongs to SC/ST community. The outcome of such offences alleged to have been committed by the appellant has impact upon the society.
The Sessions Court, Pune in the impugned order observed that the medical certificate prima facie shows involvement of the appellant, there are injuries on private and other parts of body of victim, the applicant and victim are residing in same locality and there are previous complaints, and, rightly rejected the application for bail filed by the appellant. It is also relevant to mention that the two co- accused are absconding.
Bhagyawant Punde
APEAL-106-2021.doc9
8 / 8
appeal, when this Court is satisfied that there is prima facie sufficient material on record, in the nature of substantial evidence, which corroborates the medical evidence. Hence, the appeal is devoid of any merits and same stands dismissed.
( N. J. JAMADAR, J.)
Bhagyawant Punde
3 issues framed by the court
Whether the High Court should grant bail to the appellant challenging the Additional Sessions Judge's order rejecting the bail application.
Whether the prima facie evidence, including the medical report and witness statements, negates the allegation that the appellant would tamper with evidence if released on bail.
Whether the pending cases between parties constitute valid grounds for granting bail in a case involving a minor victim.
XYZ
The State of Maharashtra
ABC
S. S. Shinde
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
