Subhash S/O. Jagdev Jadhav v. State Of Mah. Thr. Pso, Borgaon Manju, Akola, Dist. Akola And Another.

2023:BHC-NAG:13236 1 / 2 19-ABA 382.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 382 OF 2023 ( SUBHASH S/O. JAGDEV JADHAV VS STATE OF MAH. THR. PSO, BORGAON MANJU, AKOLA, DIST. AKOLA AND ANOTHER ) ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. M. V. Rai, Advocate for applicant.

Mr. M. J. Khan, APP for respondent No.1 State. Ms.F. N.Haidari,appointed Advocate for respondent No.2. CORAM :

M. W. CHANDWANI, J.

DATE : 06/09/2023 Heard learned counsel for the applicant as well as, learned APP for the respondent State and learned counsel for respondent No.2 victim.

2.

The allegation of the prosecution is that the applicant used to harass the victim. On 17/03/2023, when the victim was sleeping in her house, the applicant sexually ravaged the victim. On the alarm by the victim the entire family woke up, however, the applicant ran away.

3.

On the complaint of the victim the offence punishable under Sections 354, 354-A, 451 of Indian KOLHE

2 / 2 19-ABA 382.2023 Penal Code, 1860 and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 came to be registered against the applicant at Police Station Borgaon Manju, District Akola. 4.

It appears that during the investigation in her statement the victim alleged penetrative assault by the applicant some months ago i.e. prior to the incident in question. The victim is a minor girl aged about 15 years of age, whereas the applicant is 45 years of age.

5.

Considering the nature of allegation and nature of offence, no case is made out for extraordinary relief. Hence, application is dismissed. 6.

The professional fees of appointed counsel be quantified and paid, as per rule.

[ M. W. CHANDWANI J.] KOLHE