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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 472 OF 2014

Ramesh Bokha Padvi

...

Applicant

Versus

The State of Maharashtra

...

Respondent

Ms. Vaishali S. Chaudhari for the Applicant

Mr. B. L. Dhus, APP for the respondent-State

CORAM : T.V. NALAWADE, J.

DATE

: 17th February, 2014

PER COURT :

1.

The application is filed for bail. Both the sides are heard. This court

perused the papers of investigation.

2.

Crime is registered on the basis of private complaint sent by the

J.M.F.C. to the Police under section 156 (3) of the Criminal Procedure Code.

The complaint is filed by mother of the prosecutrix. It is submitted that at

the relevant time the prosecutrix was aged about 14 years. She is described

as mentally weak. The allegations against the present applicant who is

married man are that he kept illicit relation with the girl and due to that she

become pregnant. When the family of the prosecutrix approached the

applicant he offered an amount of Rs.31,000/- and he prevented registration

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of crime.

3.

Record collected by the Police shows that a compromise document

was prepared in which it was shown that an amount of Rs.31,000/- was

given to the mother of the prosecutrix and it was agreed that the mother was

not to approach the police. Medical examination shows that delivery took

place in seventh month and chield died within few days. The record of

medical examination conducted to ascertain age shows that age of the

prosecutrix was between 14 and 16 years.

4.

The statement of the prosecutrix shows that she was working in the

field of the applicant as a labourer. She made allegation that on one

occasion the applicant used force and raped her and thereafter established

sexual relations with her. He is a married man of 32 years. Due to the

applicant, life of the prosecutrix is destroyed. There is possibility of the

applicant tampering with the witness as there is circumstance that he gave

money to suppress the offence. This court holds that this is not a fit case to

grant bail. In the result, the application is rejected.

( T.V. NALAWADE, J. )

JPC

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