Dismissed

Kisan Lakshman Rathod v. the State of Maharashtra

Bombay HC1 Dec 2021APEAL/1501/2019

Case brief

AI extract

What is this about?

In Criminal Appeal No. 1501 of 2019, the High Court of Judicature at Bombay rejected the appellant's bail application. The court held that the aggrieved victim was a minor and applied the POCSO Act, finding that consent cannot be claimed. Consequently, no case was made out for bail, and the appeal was dismissed.

What did the court decide?

The appeal seeking enlargement on bail was dismissed.

Kisan Lakshman Rathod Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2021)

¶1

3-A. APEAL 1501.19.doc

¶2

¶3

JPP

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶5

CRIMINAL APPEAL NO. 1501 OF 2019

¶6

Kisan Lakshman Rathod

¶7

… Appellant

¶8

V/s.

¶9

The State of Maharashtra and Anr.

¶10

… Respondents

¶11

Mr. Ajinkya Badar i/b. Sampada Junnare for the Appellant Mr. J.P. Yagnik, APP for the Respondent – State

¶12

CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ.

¶13

DATE : 1 DECEMBER 2021

¶14

P.C. :-

¶15

By this Appeal the Appellant is seeking to be enlarged on bail in connection with FIR No. 260 of 2019 filed at Akkalkot North Police Station. The FIR was lodged for offences punishable under Section 463, 376(2)(j), 376(2)(d) of the Indian Penal Code, Section 4,8,12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section (3)(1)(w)(i), 3(1)(w)(ii), 3(2)(v)(a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

¶16

2 3-A. APEAL 1501.19.doc

¶17

The case of the prosecution that the 15 years old victim girl was studying in 10^th Standard and while she was walking towards her school, the Appellant and the co-accused Kiran Borkar accosted to her. She was forced to sit on motorcycle, taken to the nearby isolated area and thereafter the victim was raped.

¶18

The learned Counsel for the Appellant submitted that apart from the statement of the victim and the family members, there is no other evidence. The learned Counsel for the Appellant submitted that there was a love affair between the Appellant and the victim and it was out of consent that the incident took place.

¶19

This submission cannot be accepted. The statements of the relatives and the statement of the victim are clear and cogent. The argument of consent cannot be accepted considering the age of the victim and the provisions of the Protection of Child from Sexual Offences Act, 2012 which is applied.

¶20

Considering these facts, we do not find that any case is made out for grant of bail. The learned Special Judge has considered the matter and has rightly found it not a fit case for grant of bail.

¶21

The Appeal is dismissed.

¶22

SARANG V. KOTWAL, J. NITIN JAMDAR, J.

¶23

JYOTI Digitally signed byJYOTI PRAKASH PRAKASH PAWAR Date: 2021.12.03 PAWAR 17:32:17 +0530

Kisan Lakshman Rathod v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kisan Lakshman Rathod v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prasant Dnyandev Varal Vs the State of Maharashtra

Binti Sharma and Ors. Vs the State of Maharashtra and Anr.

Rajendra Ramesh Mantri and Anr. Vs the State of Maharashtra and Anr.

Kiran Sugariv Borkar Vs the State of Maharashtra

Anil Pundlik Patil Vs the State of Maharashtra and Anr.

Saket Kamleshkumar Agarwal Vs the Director, Serious Fraud Investigaiton Office and Ors.