Bombay High CourtWP/453/2019dismissed

Ku. Madhuri Ganpat Bhodhe v. State Of Mah, Thr P.So. Warora, Chandrapur

2019-09-27Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1 931wp453.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 453 OF 2019 Ku. Madhuri D/o Ganpat Bhodhe Vs.

State of Maharashtra and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.B. Turankar, Advocate for the petitioner. Mrs. S.S. Jachak, A.P.P. for respondent No. 1/State. Mr. A.A. Dhawas, Advocate for respondent No. 2 CORAM :

Z.A. HAQ AND PUSHPA V. GANEDIWALA, JJ.

DATED : 27 th SEPTEMBER, 2019 Heard.

By this petition under Articles 226 and 227 of the Constitution of India, the informant (victim) prays that the respondent No. 1 - Police Station Officer be directed to correct the date of first incident of forcible sexual intercourse as "30th April, 2017" which is wrongly shown as "30th April, 2018".

According to the petitioner, while giving oral report, she had stated that the first incident of forcible sexual intercourse occurred on 30th April 2017, however, it is wrongly recorded as 30th April, 2018 and it is making substantial difference to the case of the prosecution in as much as on 30th April, 2018, petitioner (victim) had become major.

After examining the matter and hearing the learned Advocates for the parties and learned Additional Public prosecutor, we are of the view that the grievance of

2 931wp453.19 the petitioner cannot be examined by exercising jurisdiction under Articles 226 and 227 of the Constitution of India. It would be open to the petitioner to adduce evidence on this point before the trial Court where the accused will also get an opportunity to cross-examine the victim.

With the above observations, the writ petition is disposed. No costs.

JUDGE JUDGE D.S. Baldwa