The main legal point established in the judgment is the need for thorough inquiry into the welfare of a minor victim in cases of alleged sexual offences.

ORDER

1. The applicants are the accused persons, who have been arrested in connection with Crime No.281 of 2021 registered with Badnapur Police Station, Dist. Jalna for the offences punishable under Sections 376, 376(D), 341, 323 of Indian Penal Code and under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ""POCSO Act").

2. Heard learned Advocate Mr. S. S. Thombre for the applicant in Bail Application No.1366 of 2021, learned Advocate Mr. P P More for the applicant in Bail Application No.1345 of 2021, learned APP Mr. N. T. Bhagat for the respondent - State in both matters and learned Advocate Ms. Shital E. Waghmare for respondent No.2 in both matters.

3. It has been submitted on behalf of the applicants that the applicants have been falsely implicated. The victim informant, who is stated to be 17 years old girl, states that she resides with her father, who is devotee in Mahadev Temple. She was proceeding at about 4.00 p.m. on 13.08.2021 on a scooter owned by one Baba near her house, at that time, she was stopped by both the applicants. She was dragged near Mosambi garden. After outraging her modesty, they had ravished her. Thereafter, she was allowed to go. It is, in fact, outcome of the actions taken by the present accused persons. Affidavits have been filed before the learned Additional Sessions Judge stating as to what the applicants have done and what the villagers had done with the Baba under whose influence the informant and her father was doing. Said Baba along with some other disciples were given shelter in the temple premises itself about 9 to 10 years prior to the incident. It was assured by him and his disciples that they would carry the Pooja and other activities in the temple. All was going on well for about 2 to 3 years, but thereafter, misbehavior of the Baba and his disciples started. They used to consume Ganja, Bhaang and slowly they started collecting youth from the village for such activities. Even a Gramsabha was organised on 09.03.2021 and it was decided that said Baba and other disciples along with the victim should be asked to leave the temple premises. Thereafter, the said action carried forward and said Baba and others were asked by the Grampanchayat to leave the premises. The said resolution which was passed in the Gramsabha was seconded by one of the accused. The photocopy of the proceeding book and complaint that was given to the police patil about the illegal activities those were carried out by said Baba in the temple premises has been attached.

4. It was also submitted on behalf of the applicants that the investigation is over and charge-sheet is filed on 21.09.2021. The further physical custody of the applicants is not required. The entire charge-sheet does not show the birth date evidence, though in the FIR she has given her birth date. Under such circumstance, the provisions of POCSO Act are not applicable prima facie. As regards the medical opinion is concerned, there were absolutely no signs on the body of the girl which would indicate that the act was forcible. The final opinion can be given after the receipt of CA report, since the girl was aged below 20 at that time. Though the medical papers say that the age of the girl is 17 years 9 months, yet on 06.09.2021, a reminder was given by the investigating officer to the medical officer for his opinion in view of the fact that the X-ray report gives her age between 17 to 19 years. Therefore, with this kind of evidence, the applicants need not be asked to remain in jail. They are ready to abide by the terms of the bail.

5. Per contra, the learned APP as well as the learned Advocate for respondent No.2 vehemently submitted that there is ample evidence collected against the applicants. The act done by the applicants is heinous. The victim had given her date of birth in her FIR itself and that was sufficient, though at this stage the radiological age of the girl is stated to be between 17