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2022 Supreme(Bom) 2089

A. S. GADKARI, MILIND N. JADHAV
Hitesh Santosh Vartak – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Sachin H.Deokar, Advocate, Ajay Patil, Advocate

JUDGMENT

MILIND N.JADHAV, J. - This Appeal is filed under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") to challenge the Order dtd. 29/8/2022 passed by the learned Additional Sessions Judge, Alibag-Raigad (for short "Trial Court") rejecting the Criminal Bail Application of Appellant in a case registered under Sec. 376 of the Indian Penal Code, 1860 (for short "IPC") and under Ss. (3)(1)(w)(i), 3(2)(v) of the Atrocities Act with Pen Police Station, Raigad vide C.R. No.133 of 2022.

2. Shorn of unnecessary details, the prosecution case is as under:-

    2.1. That when victim was alone in the house Appellant came there alongwith his friend and entered in the house. He held her hand, the victim pulled it back and ran inside the house and Appellant followed her and took her into the bathroom. He tied both her hands with handkerchief and ravished her. Meanwhile the elder sister of the victim came home. The door of the house was open so she came inside and looked for the victim. Since the door of the bathroom was closed, she pushed the door and saw the victim and Appellant together. Seeing her sister the victim and Appe

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