Application for bail was dismissed. The High Court held that the prosecutrix was a minor below 18 years at the time of the alleged offence, rendering her consent immaterial. The seriousness of the offence precluded leanyiency regarding a potential love affair.
Bail application rejected; applicant remains in custody.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.896 OF 2021
Suraj Mahadev Chavan .... Applicant Versus The State of Maharashtra & Anr. .... Respondents
Mr. D.D. Rananaware, Advocate for the Applicant. Ms. Pallavi N. Dabholkar, APP for the Respondent-State.
CORAM : SARANG V. KOTWAL, J. DATE : 08th MARCH, 2021
P.C. :
Digitally signed by PradeepkumarP. Deshmane PradeepkumarP. DeshmaneDate: 2021.03.10 12:13:42 +0530
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Deshmane(PS)
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has stated in her FIR that she was 13 years, 6 months and 11 days old on the day of lodging of the FIR. She has given her birth date as 30.10.2006. She lodged her FIR on 11.5.2020. She has stated that on 29.9.2019, the Applicant called her to his house on some pretext. He asked the prosecutrix to make bread for him. When the prosecutrix was making bread for him, he closed the door of his room and committed rape on her. This incident was repeated on 2-3 occasions under threats. In the month of May, 2020 she had pains in her stomach. Therefore, her mother took her to Doctor. She was advised to undergo Sonography test, but, it was not done and instead the FIR was lodged.
the prosecutrix came to know about her pregnancy in the month of May, 2020 and she delivered her child in June,
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the assumption that there could be a love affair between the informant and the Applicant. The offence is serious.
(SARANG V. KOTWAL, J.)
Deshmane (PS)
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2 issues framed by the court
Whether the applicant is entitled to bail in a case of rape involving a minor under 18 years of age under Sections 376 and POCSO Act.
Whether the possibility of a consensual relationship justifies granting bail in a serious offence involving a minor.
2 provisions across 2 enactments
Suraj Mahadev Chavan
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
