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2020 Supreme(Bom) 722

PRAKASH D.NAIK
Amit Shankar Kamble – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Sana Raees, Advocate, Janak R Krishnan, Advocate, Veera Shinde, Advocate

JUDGMENT

Prakash D. Naik, J. - This is an application for anticipatory bail. The applicant is apprehending arrest in connection with C.R.No.843 of 2019, registered with Loni Kalbhor Police Station, Pune, for the offences punishable under Sections 376(2) of Indian Penal Code ("IPC", for short) and under Sections 3(2)(j), 4 and 5(1) of Protection of Children From Sexual Offences Act ("POCSO Act", for short). First Information Report ("FIR", for short) was lodged by the victim on 2nd December, 2019. At the time of lodging the FIR, the victim was aged about 17n years and 6 months.

2. The prosecution case is that the victim was acquainted with the applicant prior to three years and they were on talking terms with each over. Applicant had liking for victim and was following her. He proposed her for marriage and stated that he would marry her once she attains the age of majority. The victim was taken to a lodge and there was a forceful sexual relationship between them. The accused represented that he is in love with her. Thereafter she was taken to various places where there was repeated physical relationship.

3. Learned advocate for the applicant submitted that the victim was of the age o

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