Advocates:
['SAJID G VARSHANI', '', 'AADIL J MIRZA', 'SHAHARUKH SHEIKH', 'APP']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

Criminal

Application [ABA] No.27

of 2022

Shiva Arjun Rathod

vs.

The State of Maharashtra, through PSO Digras, District Yavatmal

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Office notes, Office Memoranda of

Coram, appearances, Court's orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

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Mr. S.G. Varshani, Advocate for the Applicant.

Mr. V.A. Thakare, A.P.P. for the Non-Applicant/State.

CORAM

: SURENDRA P. TAVADE,

J.

DATE

: 19

^th JANUARY,

20

22

.

Hearing was conducted through Video

Conferencing and the learned Counsel agreed that the audio

and visual quality was proper.

02]

This is an application filed by the applicant for

apprehending his arrest in connection with Crime

No.1168/2021, registered with Police Station Digras, District

Yavatmal for the offences punishable under Sections 366,

376(2)(n), 504, 506 read with Section 34 of the Indian

Penal Code.

03]

The F.I.R. was filed by one Payal Anil Rathod on

09/10/2021. It is alleged against the applicant that on

23/08/2021 at about 04:30 p.m., she had been to the back

side of her house for throwing garbage along with her son.

At that time, accused Vitthal Ade came there and asked the

victim to talk to him. Then, accused Vitthal threatened the

victim and forcibly taken her on his motorcycle. Thereafter

accused Vitthal called the present applicant-accused. It is

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alleged that the present applicant took the victim at

Murtizapur by bus along with her son.

04]

The applicant offered tea to the victim and

thereafter she became unconscious. The applicant took gold

ornaments of victim and sold in the market. Thereafter, the

applicant took the victim to Surat by Railway and they

stayed in one private room for 17 days, where she was

subjected to sexual assault. It is alleged that the applicant

called his brother co-accused Pandit, who brought the victim

to Digras Police Station. At that time, the applicant

threatened the victim that if she lodges report with the

police, she will be killed. Thereafter she lodged report.

05]

It is contended in the application that the

applicant is a married person and has two daughters. It is

contended that the informant-victim is a married lady. She

married to one Anil Rathod, resident of Sukalu, Tahsil Arni,

District Yavatmal. She had a son out of the said wedlock. It

is contended that the husband of the victim met with an

accident, therefore, he was not in a position to walk. It is

contended that the victim left her husband and came to her

maternal house at Sakhara, Tahsil Digras. The said gesture

shows the nature and conduct of the victim-informant. It is

contended that on perusal of the F.I.R., it appears that the

victim is a matured married lady. The report shows her

consent and willingness. It is contended that the victim was

forcing the applicant to marry her. The applicant is already

married and the victim was also married, therefore, the said

marriage was not possible. It is contended that she had

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prepared a false and concocted story and lodged false

report. The applicant is innocent. It is contended that the

custodial interrogation of the applicant is not required.

06]

Since the applicant has fixed placed of residence,

there is no possibility of his absconding. It is contended that

there is an inordinate delay in lodging the F.I.R. It is also

contended that even if the story of the prosecution is

accepted as it is, she had many occasions to lodge report

with police at different places, but she remained silent.

There is no recovery or seizure of articles from the applicant.

Therefore, the p