1 Cri. Appln. 2628/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 2628 OF 2014

1. Ravishankar Jaggannath Madiwal,

Age : 30 years, Occu.: Agriculture,

R/o : Alur, Tal. Omerga,

Dist. Osmanabad

2. Jaggannath Shankakrao Madiwal,

Age : 55 years, Occu.: Agriculture,

R/o : Alur, Tal. Omerga,

Dist. Osmanabad

3. Kamlabai Jaggannath Madiwal,

Age : 48 years, Occu.: Agriculture &

Household, R/o : Alur, Tal. Omerga,

Dist. Osmanabad

.. Applicants

Vs.

The State of Maharashtra,

Through Police Inspector,

Tamalwadi Police Station,

Dist. Osmanabad

.. Respondent

----

Mr. A.P. Bhandari, Advocate for the applicants

Mr. V.P. Kadam, A.P.P. for the respondent-State

----

CORAM : M.T. JOSHI, J.

DATE : 09/06/2014

ORAL ORDER :

1.

Heard both sides.

2.

The present applicants who are apprehending

arrest at the hands of Tamalwadi Police Station, Dist.

Osmanabad in crime no. 9 of 2014 for the offences

2 Cri. Appln. 2628/2014

punishable under section 498-A, 323, 376, 504, 506, 34

of the Indian Penal Code and “section 11” of the

Maharashtra Prevention and Eradication of Human

Sacrifice and other Inhuman, Evil and Aghori Practices

and Black Magic Ordinance, 2013, are praying for their

release on bail, in the event of their arrest.

3.

The applicant no.1 is the husband and the

applicant nos. 2 and 3 are the father-in-law and mother-

in-law respectively of the complainant. Complaint is

filed on 12/2/2014 on the basis of the direction of the

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

Procedure passed on the application of the complainant

to the Magistrate on 12/2/2014.

4.

Complaint in nutshell would show that since the

complainant was unable to conceive, the applicant nos.2

and 3 prevailed upon her to take the treatment of a

witch doctor i.e. accused no.5 Mehboob, who practices

black-magic. This accused no.5 for three times treated

the complainant with black-magic. Ultimately, she was

taken to her father's house and while she was returning

from her father's house on 15/11/2013, accused no.5-the

black-magician took the complainant away from the

applicant no.2-Jaggannath and thereat he raped her.

3 Cri. Appln. 2628/2014

Therefore, the offence came to be registered.

5.

Mr. Bhandari, learned counsel for the

applicants submits that, in fact, the applicant no.1 had

long back on 7/1/2014 filed FIR against the said accused

no.5 and others (Exhibit “A”), which would show that the

said accused no.5 had induced the complainant to be away

from him. Even crime bearing no. 4 of 2014 was

registered on the basis of the said complaint.

He further submits that the allegations of rape are made

against the said black-magician and the only allegation

against the present applicants is that they had believed

that accused no.5 had certain super-natural powers and

therefore prevailed over the complainant to take

treatment from him. He therefore submits that they are

the victims of the superstitious belief and are not the

accused under the provisions of Maharashtra Prevention

and Eradication of Human Sacrifice and other Inhuman,

Evil and Aghori Practices and Black Magic Ordinance,

2013 (for short “the Ordinance”).

6.

Learned A.P.P. opposed the application. He

submits that prima facie, statements in the complaint

would show that the present applicants have compelled

the complainant to undergo the black-magic practices,

4 Cri. Appln. 2628/2014

which ultimately resulted into commission of rape by the

said black-magician i.e. accused no.5.

7.

Perused the contents of the FIR and the

provisions of the Ordinance. Section 3 of the Ordinance

makes human sacrifice and other inhuman, evil and aghori

practices as offences. These offences are punishable

with imprisonment f