JUDGMENT :

1. Heard.

2. ADMIT. Taken up for final disposal forthwith by consent of the learned advocates for the parties.

3. In this application, made under Section 482 of the Code of Criminal Procedure, challenge is to the order dated 22.12.2021, passed by the learned Additional Sessions Judge, Bhandara below Exhibit-30 in Sessions Trial No. 10 of 2017, whereby the learned Additional Sessions Judge was pleased to reject the application (Exh.30) made by applicant/accused no.1 for discharge.

4. The facts, leading to this application, are as follows :

The applicant is accused no.1 in Sessions Trial No. 10 of 2017, pending on the file of learned Additional Sessions Judge, Bhandara. Non-applicant no.2 is the informant. On the basis of the report dated 27.07.2016, crime bearing No. 189/2016 has been registered against accused nos.1 and 2 with Police Station, Bhandara for the offences punishable under Sections 366, 376(2)(n), 323, 504, 506, 341 of the Indian Penal Code read with Sections 3, 25 of the Arms Act, 1959.

5. Accused no.1 and the informant are the residents of Nagpur. It is the case of the prosecution that accused no.1 and the informant got acquainted with each other. Their acquaintance developed into friendship between them and their families. Accused no.1 and the husband of the informant are friends. In the year 2011, accused no.1, the informant and one Sanjay Dhabekar formed a partnership in the name of “Rajaram Builders and Developers”. On account of their business, accused no.1 and the informant came into contact with each other. The informant was treating accused no.1 like a brother of his husband.

6. It is stated that in the course of time, accused no.1 started taking undue advantage of the nature of the informant. Accused no.1 suggested the informant to give ‘Talaq’ to her husband and marry with him. Due to this, the informant was shocked. The informant apprised her husband and father-in-law about the conduct of accused no.1. It is stated that accused no.1 sent number of messages to her on her phone. Accused no.1, as per the informant, was after her. Accused no.1 is the Ex-MLA from Chimur constituency. The informant refused to submit to the wish and desire of accused no.1. Therefore, accused no.1 started pressurizing the informant to satisfy his sexual lust.

7. It is stated that on 08.11.2015, the informant was alone at her house. Accused no.1 made a phone call to her and informed that he is coming to her house and the informant should satisfy his demand. The informant got frightened. Since, her husband was out of town, she contacted their business acquaintance one Kailash Golechha and informed him about this. She requested him to help her. She went to meet Mr. Golechha. At that time, Mr. Golechha was leaving for Rajnandgaon on account of his business commitment. The informant, to save herself from accused no.1, left Nagpur with Mr. Golechha in her car for going to Rajnandgaon. When they reached near Bhandara, the informant was not feeling well. Therefore, they stayed in Hotel Ashoka at Bhandara. It is stated that on 09.11.2015, in the morning, she switched on her phone. After some time of switching her phone, accused no.1 made a phone call to the informant and informed that he is coming to the hotel. Accused no.1 with his driver, who is accused no.2, came to Hotel Ashoka. He pressurized the informant to satisfy his demand. Mr. Golechha called the Manager of the hotel. Accused no.1 told the Manager that he is Ex-MLA and the informant is his wife and therefore, they shall not interfere in their personal matter. Accused no.1 drove these persons out of the room. His driver brought the pistol. It is stated that at gunpoint accused no.1 made the informant to remove her clothes. He molested her modesty and committed rape on her. He extended threat of dire consequences, if the informant discontinued relationship with him. It is stated that from the said hotel, at gunpoint, accused no.1 carried the informant to a resort at