Bail application by a care-home head accused of repeatedly raping a nine-year-old resident. The court found the FIR corroborated by the victim's statement and medical evidence, noted the gravity of the offence, and rejected bail while directing expeditious trial.
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.1733 OF 2023
Rahul Vijay Shinde
Age – 36 years, Occupation : Service,
R/at. Nivdunge, Taluka – Patharvadi,
District – Ahmednagar
(At present in Thane Jail, District - Thane)….Applicant
Versus
1The State of Maharashtra
(Through Kalyan Taluka Police Station)
District – Thane.
2ABC,
Age - Years, Occupation -
R/o.Shrilochan Balvikas Kendra,
Nilkamal Residency, Ankharpada,
Pooposit Kamani, Ganpati Ganesh
Temple, Goveli Road, Titwala (E),
Taluka – Kalyan, District – Thane.….Respondents
…..
Mr.Ritesh Thobde a/w. Ms.Zubi Ansari, Advocate for the
Applicant.
Mr.V.B. Konde Deshmukh, Addl. P.P. for Respondent No.1 – State.
Ms.Anubha Rastogi i/b. Ms.Rachita Padwal, Advocate for
Respondent No.2.
Digitally signed by RAJESHRI RAJESHRIPRAKASH PRAKASHAHER AHER Date: 2024.03.28 16:59:07 +0530
CORAM : MANJUSHA DESHPANDE, J. DATED : 26thst MARCH 2024.
Rajeshri Aher
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P.C. :
1 The applicant herein is arrested on 14th January 2023,
vide C.R.No.24 of 2023, registered with Kalyan Taluka Police
Station, District–Thane, for the offences punishable under Sections
376(A,B), 376(2)(n), 376(2)(f) and 506 of Indian Penal Code (IPC)
and under Sections 4, 6, 17 and 42 of The Protection of Children
from Sexual Offences Act (POCSO), 2012.
2It is the case of the prosecution that the informant who
was working as a care taker at Shrilochan Bal Vikas Kendra,
Titwala, lodged a report alleging that the victim girl is a student of
the said center. On or before 12th October 2022, the applicant i.e.
accused no.1 called the victim in his office and committed rape on
her continuously for a period of one month. He also threatened
her that he will kill her if she discloses about it to anybody. It is
further alleged that the despite of the said information given to
accused Nos.2 and 3, they have not taken any action against the
accused no.1. The First Information Report (FIR) has been lodged
on 14th January 2023. On completion of investigation, charge
sheet has been filed before the learned Sessions Court, Kalyan on
11th March 2023.
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3The learned advocate for the applicant has submitted
that the investigation in the present matter is already complete and
charge–sheet is filed. Therefore, the detention of the applicant is
no more necessary, pending the trial. He further submits that the
victim girl has not made any immediate disclosure about the
alleged act of the accused to anybody. Delay in disclosure cast
doubt about the truthfulness of the allegations. He has further
pointed out that the other girls living in the said care home do not
corroborate the version of the victim girl. Therefore, according to
him, the possibility of applicant being falsely implicated cannot be
ruled out. In view of the same, he has prayed for grant of bail. As
against this, the learned APP has submitted that the offence is of
serious nature. The name of the applicant is categorically
mentioned in the FIR. The applicant has taken undue advantage of
his post and has time and again committed heinous act, as alleged.
The learned APP pointed out the statement of the victim girl
recorded in question–answer form, wherein she has stated
regarding the undue advantage taken by the applicant. She has
categorically named the present applicant and has stated that the
accused used to call her in his office and thereafter used to
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sexually abuse her. She has further stated that the applicant used to
threaten her that she should not disclose it to anybody or else
threatened her of dire consequences. The victim has categorically
stated that she was subjected to such sexual abuse on many
occasion. The said statement of the victim girl was recorded in the
presence of her mother. The statement of the victim girl has been
supported by the medical evidence. Admittedly, the victim girl was
staying in the said children care home where the present applicant
was the center-head. He has taken undue advantage and has
exploited the victim girl. One Mandabai Balu Tarmale who was
working as a helper has also supported the version of the victim
girl as well as the informant.
4I have heard the respective parties and after hearing
them for some time, it appears that the victim has categorically
stated about her sexual harassment at the hands of the applicant.
The FIR is corroborated by the statement of the victim girl as well
as the medical report which indicates that there has been a
penetrative sexual assault. The offence is of serious nature caused
to minor girl of 9 years. The applicant has misused his position for
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exploitation of the victim girl and has committed a heinous act.
Looking to the gravity of offence, I am not inclined to grant bail to
the applicant. The prayer for bail is rejected.
5When inquired about the stage of the trial, the learned
APP as well as the learned counsel for the applicant informed that
the trial has not yet commenced. The applicant has been arrested
on 14th January 2023. Though the charge–sheet has been filed, the
trial has not yet commenced. It would therefore be appropriate to
direct the learned District and Sessions Judge, Kalyan, to expedite
the trial with a liberty to the applicant to renew his request for
bail, if trial does not commence even after six months of disposal
of this application.
6The Criminal Bail Application is rejected and disposed
of accordingly.
MANJUSHA DESHPANDE, J.
Rajeshri Aher
1 issue framed by the court
Whether bail should be granted to the applicant accused of penetrative sexual assault on a minor girl in a children's care home.
2 provisions across 2 enactments
Rahul Vijay Shinde
The State of Maharashtra
ABC (Shrilochan Balvikas Kendra)
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court