Dismissed

Arun S/O Sakharam Raut v. State of Mah. Thr. Pso Ps Maregaon Tah. and Dist.Yavatmal and Another

Bombay HC20 Apr 2021APL/404/2021

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of an FIR alleging sexual offences against a 10-year-old girl. The court held that prima facie allegations required a trial and refused to interfere.

What did the court decide?

Rule stands discharged and the First Information Report is not quashed.

Arun S/O Sakharam Raut Vs State of Mah. Thr… — Child Sexual Offences (POCSO) | Bombay HC (2021)

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APL-404.21.odt-Judgment

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLICATION (APL) NO. 404 OF 2021

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APPLICANT:-Shri Arun s/o Sakharam Raut, Aged
about 46 Yrs, Occupation – Service, At
Post : Kalamba (Mahali), Tah. & Dist.
Washim.

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At Present Qtr.No.1, Ashiyana Police
Officer Quarter, Purna 1, Wadali Road,
Chaprashi Pura, Amravati.

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...VERSUS...

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RESPONDENT:- 1.State of Maharashtra, Through – P.S.O., Maregaon Police Station, Tah. & Dist. Yavatmal.

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(INFORMANT) 2.Sub-Divisional Police Office, Wani, Tah. & Dist. Yavatmal.

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-------------------------------------------------------------------------------------------
Ms Vaishali Khadekar, Advocate for the applicant.
Ms Mayuri Deshmukh, APP for the respondents.

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CORAM : Z.A.HAQ AND AMIT B. BORKAR, JJ.

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DATED : 20.04.2021.

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ORAL JUDGMENT: (Per : Amit B. Borkar, J.)

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Heard.

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Rule . Rule is made returnable forthwith.

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By this application under section 482 of the Code of

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KHUNTE

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APL-404.21.odt-Judgment

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Criminal Procedure, the applicant has challenged registration of First
Information Report No.198 of 2020, dated 17/08/2020 for the offences
punishable under sections 166-A 167, 201 and 221 of the Indian Penal
Code, section 21 of Protection of Children from Sexual Offences Act,
2012 and section 4 of the Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities ) Act, 1989 and section 145 of the Maharashtra
Police Act.

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The First Information Report came to be registered against the applicant and others on the basis of order passed by the Additional Sessions Judge, Kelapur. It is alleged that in the First Information Report that the accused persons committed forcible sexual intercourse with Adivasi girl, aged 10 years. It is alleged that though the victim suffered serious injuries and was required to be hospitalized. The accused who are Police officials refused to register report of the relatives of the victim.

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The learned Advocate for the applicant invited our attention to the order passed by this Court in Criminal Writ Petition No.43 of 2021 dated 21/01/2021. She further submitted that since the petitioner in Criminal Writ Petition No.43 of 2021 is co-accused in the crime lodged against the applicant and others, similar orders may be passed.

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KHUNTE

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APL-404.21.odt-Judgment

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6. We have carefully considered the allegations in the First
Information Report. From the allegations in the report, it appears that
the victim is Adivasi girl aged 10 years on the date of incident. The
applicant is Assistant Police Sub-Inspector. It is alleged that the
applicant and other Police officials had forcible sexual intercourse with
the victim and refused to register complaint of relatives of victims. The
allegations against the applicant are serious in nature. An overall
perusal of material placed before us makes out a prima facie case
against the applicant, which requires to be decided by conducting a
proper trial. At this stage, we cannot analyze and meticulously consider
the evidence and anticipate whether it will end up in conviction or
acquittal. This is not a stage to decide whether there is any truth in the
allegations made but, to form an opinion whether on the basis of the
allegations cognizable offence as alleged has been prima facie made
out. The guilt or otherwise of the accused – applicant can be proved
only after conducting a full-fledged trial. In the circumstances, it is not
proper for us to interfere with the proceeding and quash First
Information Report.

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7. Though this Court in Criminal Writ Petition No.43 of 2021 has issued notice, the said order will not operate as a binding precedent, particularly in view of serious allegations made against the applicant

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KHUNTE

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APL-404.21.odt-Judgment

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namely committing forcible sexual intercourse with Adivasi girl aged 10
years.

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We, therefore, find no merit in the application. Hence, the

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application is dismissed.

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Rule stands discharged.

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(AMIT B. BORKAR, J)(Z.A.HAQ, J)

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KHUNTE

Arun S/O Sakharam Raut v. State of Mah. Thr. Pso Ps Maregaon Tah. and Dist.Yavatmal and Another

Case brief

What is this about?

What did the court decide?

Arun S/O Sakharam Raut v. State of Mah. Thr. Pso Ps Maregaon Tah. and Dist.Yavatmal and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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