Prkash S/O Vasanta Lohe v. State Of Maharashtra, Thr. P.S.O. Gadchandur Police Station, Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.766 OF 2017 Prakash s/o Vasanta Lohe ..vs..

State of Maharashtra, through Police Station Officer, Gadchandur Police Station, Tahil Korpana, District Chandrapur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.A. Dhawas, Counsel for the applicant.

Shri Shri J.Y. Ghurde, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : AUGUST 28 , 2017.

Heard learned counsel Shri S.A. Dhawas for the applicant and learned Additional Public Prosecutor Shri J.Y. Ghurde for the nonapplicant/State. This is an application for bail since the applicant is arrested in connection with Crime No.121 of 2017 registered with Gadchandur Police Station, District Chandrapur for the offences punishable under Sections 354B and 376 of the Indian Penal Code and under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

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An atrocious act of the present applicant is on a girl of 6 years only who happened to be a friend of daughter of the present applicant. The applicant tried to allure the victim by showing her a note of Rs.10/-. It was thrown away by the said girl. However, in spite of that, the present applicant has played with private part of victim.

It is to be noted that all these heinous acts were done by the present applicant. That time, his wife and his daughter were sleeping in another room and he took the victim in another room.

The statement of the girl is recorded. In her statement she has very specifically attributed this role of the present applicant that he not only touched her private part but also pinched her private part. Resulting into, injury to her private part.

The statement of the victim is duly corroborated by the medical officer, which is available on record, which shows that the victim suffered injuries on her private part. Not only that, due to the acts of the present applicant, her hymen was also torn. Looking to seriousness of the incident and gravity of the offence, I am of the view that this is not a fit case wherein the applicant should be released on .....3/-

bail.

Hence, the criminal application for grant of bail is rejected and disposed of.

JUDGE !! BRW !!

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