Vijay Ramsingh Dhurve v. The State Of Maharashtra, Thr. Pso, Ps, Sonegaon, Nagpur

2025:BHC-NAG:6692

(1) 931.ba.596.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.596 OF 2025 Vijay Ramsingh Dhurve Vs.

State of Maharashtra, through Police Station Officer, Police Station Sonegaon, Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. T. Hiwale, Counsel for the applicant.

Mr. Amit Madiwale, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 01/07/2025 1.

The applicant came to be arrested on 03.01.2025 in connection with Crime No.2/2025 registered with Police Station Sonegaon, Nagpur for the offence punishable under Sections 65(2) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4, 6, 10 and 12 of the Protection of Children from Sexual Offences Act.

2.

The crime is registered on the basis of the lodged by the mother of the victim girl on an allegation that the present applicant has taken her five years daughter on the pretext of giving her chocolate and subjected her for the forceful sexual assault. On the basis of the said report, police have registered the crime against the present applicant. 3.

Heard learned Counsel for the applicant, who submitted that the allegation levelled against the present applicant is not substantiated by the medical

(2) 931.ba.596.2025 evidence. Now the investigation is already completed and charge-sheet is filed. He submitted that there is no other material to connect the present applicant. Thus, on the basis of the false and baseless allegation, the applicant is arrested.

4.

Learned APP strongly opposed the said application and invited my attention towards the statement of the victim, who has narrated about the alleged incident. The statement of other witness also shows that victim was seen along with the present applicant. The CCTV footage also discloses the presence of the victim along with the present applicant. In view of that, he prays for rejection of the application.

5.

On hearing both sides and on perusal of the investigation papers the involvement of the present applicant reveales. The statement of the victim girl also discloses the nature of the incident which took place along with her. Considering that a minor victim girl of a very tender age was subjected for the sexual assault by the present applicant, the application deserves to be rejected. Accordingly, I proceed to pass following order:

ORDER

The application is rejected.

(URMILA JOSHI-PHALKE, J.) Sarkate