Shrikrushna S/O Hiralal Chilatre (In Jail) v. State Of Maharashtra, Through P.S. Chikhaldara, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 43 of 2015 [Shrikrushna Hiralal Chilatre Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Vinay Dahat, Adv., for the Applicant.

Mr. M.J. Khan, APP for respondent-State.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

03rd July, 2015.

This is an application for regular bail in Crime No. 62/14 registered at Police Station, Chikhaldara, for offences under Sections 376 (2) (n), 450 and 506 of Indian Penal Code, and under Section 4 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Heard learned counsel for the rival parties.

It is not in dispute that the girl was only sixteen years of age when the offence of rape was committed by the applicant on her, as reported by her to the Police Station, Chikhaldara. The girl being of sixteen years of age, obviously the provisions of the Protection of

Children from Sexual Offences Act, 2012 Act apply, in addition to the offence of rape as contemplated by Section 376 (2) (n) of the Indian Penal Code. There are allegations of repeated rape on the girl by the applicant. It is also seen from the FIR lodged by the prosecutrix that she does not understand any other language than "Korku". She was also lured by the applicant on the promise of marriage with her for committing rape on her.

In that view of the matter, the application for bail is rejected.

Judge |hedau|