Harishkumar K. B. vs State of Goa - 2023 Supreme(Bom) 1727

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 1727

M. S. KARNIK
Harishkumar K. B. – Appellant
Versus
State of Goa – Respondent

Advocates appeared:
Arun Bras De Sa, Advocate, C. Franco, Advocate, Seeja K.S., Advocate, Sahil Sardessai, Advocate, G. Nagvenkar, Advocate

JUDGMENT/ORDER

1. Heard learned Counsel for the applicant.

2. This is an application for pre-arrest bail for offences punishable under Ss. 363, 376, 506 (ii), 354 D and 354 of the Indian Penal Code, registered by the Verna Police Station.

3. The prosecutrix alleged that she was working as a maid servant in the household of one Mr. 'S'. The applicant is a resident of a neighbouring society. The applicant is known to her. The FIR was registered on 27/3/2023. The prosecutrix alleged that one month prior to the registration of the FIR, the applicant who was driving his car, came along side her and asked her to sit in his car by offering a lift. Since it was dark, the applicant accepted the offer and sat in his car. Instead of dropping the prosecutrix home, the applicant went to a nearby hillock and raped her. Thereafter, he dropped her home. On the next day, there was an attempt on his part to again commit rape on her person but she pushed him and ran from the place.

4. There is an unexplained delay of almost one month in lodging the FIR. It is pertinent to note that the prosecutrix was working as a maid servant with one Mr. 'S', who was on inimical terms with the present applicant. On rec

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