2025:BHC-AS:40941

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.873 OF 2025

SATISH

RAMCHANDRA

SANGAR Saurabh Bapu Khomane

Age : 25 Years, Occupation : Student,

Digitally signed by

SATISH RAMCHANDRA

Residing at : Morgaon Road, Jejuri,

SANGAR

Date: 2025.09.26

17:08:52 +0530 Taluka : Purandar, District : Pune. ...Appellant

Versus

1. The State of Maharashtra

(Through Jejuri Police Station

vide C.R. No.234 of 2025).

2. XYZ

(Through Jejuri Police Station). ...Respondents

*****

Mr.Pawan Mali a/w Mr.Rupesh Advocate for Appellant.

Zade:-

Mr.Ashok S. Gawai:- APP for Respondent No.1-State.

Ms.Vilasini Balsubramanian:- Appointed Advocate for Respondent

No.2/Complainant.

*****

CORAM : S. M. MODAK, J.

DATE : 17^th SEPTEMBER 2025

ORAL ORDER :-

1. I have heard learned Advocate Shri.Mali for the Appellant at great length. Also heard learned APP and learned Advocate for the

First-Informant / Respondent No.2 at great length.

2. Today learned APP submitted that charge-sheet is filed before the concerned Special Court. He has brought copy of the charge-sheet.

It was filed for the offences under Sections 64(1)(2)(m), 69, 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023 (“BNS”) and under Sections 3(1)(r)(s), 3(1)(w)(i)(ii), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC & ST Act”). Learned APP is kind enough to allow the learned Advocate for the First-Informant and Mr.Mali to go through the charge-sheet. After reading the same, both have made additional submissions.

3. Learned Advocate for the victim invited my attention that the present Appellant was in jail involving the similar incident. Whereas Mr.Mali on the basis of contents of statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), submitted that the allegation in the FIR about having intercourse by giving false promise to marry does not withstand. It is also true when learned Special Judge has rejected the Application of this Appellant on 29 ^th July 2025, charge-sheet was not filed . On this background, I have gone through the facts stated by the victim in the FIR and in the statement under Section 183 of BNSS.

4. It is true there are allegations against the Appellant which violate the provisions of BNS as well as SC & ST Act. Even though the provisions of Section 3(1)(s) are invoked, admittedly it is not the case of the prosecution that the Appellant abused the First-Informant on account of her caste. In the FIR, there is a reference that the First- Informant always used to tell the Appellant about her caste and they cannot perform the marriage. However certainly caste abuses are not there.

5. After reading the papers, the allegation is the victim and the Appellant introduced themselves through Instagram. It was in the year 2021. Their friendship has converted into love relationship. They were in relations till 8 ^th January 2025 whereas the FIR is lodged on 29 ^th June 2025. After reading the statement, what the victim has stated is she sincerely desires to marry with the Appellant, however, it seems that as the Appellant has not married with her, she has lodged the Police complaint.

6. Mr.Mali tried to point out the inconsistency in between the averments in the FIR and in the statement. From FIR, it seems that there was intercourse on three occasions:-

(a) On 9^th September 2023, at Sawai Lodge.

(b) Lodge at Baramati and (c) On 8^th January 2025 at Purandar Lodge.

It is true the Police have recorded the statements of certain persons from the lodge to show both of them visited the lodge.

7. Learned APP emphasized on the threat given by the Appellant to publish her photos if the victim will not come and meet the Appellant. According to Mr.Mali, there is no reference that the photos are objectionable. It is true the Police did not get an opportunity to have a custodial interrogation of the Appellant. As the offence is under the provisions of SC & ST Act, this Court is required to ascertain whet