Bombay High CourtBA/176/2016dismissed

Nagendra Pandhurang Kowase v. State Of Maharashtra, Through P.S.O. P.S. Chamorshi

2016-03-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba176.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.176/2016 Nagendra Pandurang Kowase ..Versus..

State of Maharashtra, through Police Station Officer, Police Station, Chamorshi, Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -T - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 9.3.2016 Heard Shri P.D. Sharma, advocate for the applicant and Shri N.B. Jawade, A.P.P. for the non-applicant.

The applicant is arrested in crime registered against him on the accusation that the applicant has committed penetrative sexual assault on victim aged about 14 years.

Shri Sharma, advocate for the applicant has submitted that it has come on the record that the house of victim is having only one door, that it was locked from outside and, therefore, it was not possible for the applicant to enter the house. It is further submitted that the medical evidence on the record is not sufficient to show that penetrative sexual assault is committed. It is further submitted that

2 ba176.16 the charge-sheet is filed and the custody of the applicant is not required for further investigation.

However, considering the nature of accusations and the provisions of Section 29 of the Protection of Children from Sexual Offences Act, 2012, I am not inclined to the consider the prayer made in the application. The application is dismissed. CRIMINAL APPLICATION (APPP) NO.323/2016 In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.