Devchand S/O Govindji Ramteke v. State Of Maharashtra, Through P.S.O P.S. Mahagaon, Yavatmal

aba314.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.314/2015 (Devchand s/o Govindji Ramteke ..vs.. State of Maharashtra, through PSO PS Mahagaon, Tq. Mahagaon, Dist. Yavatmal) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. T. G. Bansod, Advocate for applicant.

Mrs. K. S. Joshi, A.P.P. for non applicant-State. CORAM : A.B. CHAUDHARI, J.

DATE :

JULY 1, 2015.

Heard leaned counsel for the rival parties.

Perused the FIR.

The applicant herein has been serving as Nayab Tahsildar and an offence of rape on the daughter of his maidservant has been registered against him. It appears that the applicant influenced the police machinery to cause delay in registration of the FIR. The victim is minor, therefore, the provisions of the POCSO Act are also attracted.

I also agree with the the reasons recorded by the learned trial Judge in paragraph 5 of the order dated 24.06.215.Paragraph 5 of the order reads thus: "5.

I perused the case diary and heard the learned counsel for the accused and A.P.P. for the State. I perused the statements of victim and other witnesses. It is seen that the applicant established the sexual relations with victim minor girl and threatened the

aba314.15 complainant and victim not to disclose it to anybody. The applicant is working as Nayab Tahsildar which is influential post. The offence is being investigated by the Police Station, Mahagaon, which is within the jurisdiction of the applicant himself. The cutting of teh newspapers Daily Punyanagari filed by teh applicant himself shows that the applicant abused his position and managed not to get register the offence against him and therefore when the matter reached to the media the offence came to be registered. Though, the news cannot be considered as evidence, still it is sufficient to show that if the applicant is released on bail, he may pressurize the witnesses and tamper the evidence. His custodial interrogation is necessary for the detailed investigation and medical examination. The submission of the applicant of his false implication in the case, is not appealing to me as no mother would put the reputation/future of her minor daughter on stake only to defame any person."

In view of above, following order is passed.

ORDER

(i) Criminal Application No.314/2015 is rejected.

JUDGE kahale