B.A.316.2021.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

Criminal Application (BA) No.316 of 2021

Pandurang Harishchandra Pargave

Vs.

State of Maharashtra through the P.S.O. Ramtek, Nagpur

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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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Shri R.H. Rawlani, Advocate for the Applicant.

Shri M.A. Kadu, APP for the Non-applicant/State.

CORAM : S.M. MODAK, J.

RESERVED ON : 28

th APRIL, 2021.

PRONOUNCED ON : 5

th MAY, 2021.

Hearing was conducted through Video Conferencing and

the learned Counsel agreed that the audio and visual quality was

proper.

02]

Heard learned Advocate Shri R.H. Rawlani for the

applicant and learned APP Shri M.A. Kadu for the non-applicant.

03]

This is one more instance wherein it can be said that all

the principles of morality have vanished. The applicant who was

working in a medical store at Village - Halki, District - Latur fell in

love with the first informant /victim (name not disclosed). She was a

married lady whose husband expired in the year 2009 and was

having one son. She was teaching in a school at Village – Theregaon,

Taluka - Shirur Anantpal, District - Latur. She got acquainted with the

applicant as the medical store was near that school.

04]

Both of them fell in love with each other and decided to

marry. After passage of time, first informant came to know about vices

of the applicant. She avoided to meet the applicant. The applicant got

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annoyed and became restless. He went to the extent of threatening

her and to kill her son.

05]

The first complaint was lodged with Andhadgaon Police

Station on 29^th March, 2019. The applicant went to the extent of

threatening the victim from making the obscene photograph and

video viral. The case is going on in Mohadi Court. Due to the affection

or the allurement or due to threat, the victim came to Nagpur on

three occasions. She stayed in two lodges at Ramtek. One at Rajmahal

Lodge and second Blue Diamond Lodge at Ramtek. It was in the

month of July, 2019, on 30^th December, 2019 and on 6^th March, 2020.

In the lodge, the applicant ravished the victim.

06]

The relationship went to the extent of compelling the first

information to part away the amount on various occasions and it

comes to Rs.4,00,000/-. At the end, the first information was fed up

with the attitude of the applicant and she got married with one Rahul

Kamble on 14^th July, 2020. The applicant was unhappy. He went to the

extent of circulating the obscene photos and videos involving the first

informant on WhatsApp group created in the name of victim. Her

husband came to know about these photos. Even the teachers at

Village – Jamb, District - Buldhana came to know about these photos.

The first informant being ashamed filed complaint with Andhalgaon

Police Station, Bhandara. It was transferred to Ramtek Police Station.

The offence under Sections 376(2)(n), 354(D)(2), 347, 386, 500,

504, 506 of IPC read with Sections 66(E) and 67(A) of the

Information Technology Act, 2000 was registered. The applicant came

to be arrested. Charge-sheet was filed in Sessions Court, Nagpur. His

bail application prior to charge-sheet and after charge-sheet came to

be rejected.

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07]

I have gone through the charge-sheet with the assistance

of both the sides. It is true that both were knowing each other from

2012 till today. It is true that police have collected the medical

certificate as well as the documents relating to stay of the victim and

the applicant in the lodges at Nagpur. As such, the medical evidence

may not be much importance. It is also true that the pol