Sherla V.
apeal.514.2018_15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.514 OF 2018
Raju Vitthal Shriram @ Dhangar … Appellant
Vs.
The State of Maharashtra … Respondent
Mr.Nitesh Mohite h/f Mr.Jaydeep Mane for the Appellant
Ms.S.S. Kaushik, APP, for the Respondent – State
CORAM: Mr.S.S. SHINDE
Mrs.MRIDULA BHATKAR, JJ.
DATED: SEPTEMBER 19, 2018
P.C.:
1. This criminal appeal is directed against the order dated
8.2.218 passed by the learned Additional Sessions Judge,
Pandharpur in Criminal Appeal No.564 of 2017. The
applicant/accused is prosecuted for the offences punishable under
sections 373, 376(2)(i) of the Indian Penal Cod, under sections
3(1)(w)(i)(ii), 3(2)(5), 3(1)(10) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act and also under
sections 4, 8, 12, 17 and 42 of the Protection of Children from
Sexual Offences Act, in C.R. No.253 of 2017 registered at Karkam
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police station. The offence was registered on 25.10.2017 by the
mother of the prosecutrix.
2. The facts of the case in brief are that the victim, who claimed
to be 14 years old, was staying with her family at Karkamb, District
Solapur. She belongs to the scheduled caste, namely, ‘Chamar’. In
the month of August, 2017 approximately, she became friendly with
the applicant/accused, who was working as a labourer in the field
of the neighbour. It is the case of the prosecution that the
applicant/accused expressed his love towards her and he forcibly
had sexual intercourse with her on four times. She thereafter had
conceived in the month of October, 2017. When the complaint
was given by her mother, at that time, the victim was pregnant of 2
months. She was then taken to Civil hospital, Solapur by her
parents and the fetus was aborted. The fluid and placenta were
preserved for DNA examination. The police carried out
investigation and chargesheet is filed and thereafter, the
applicant/accused moved application for bail u/s 439 of Code of
Criminal Procedure before the trial Court, however, it was rejected.
3. Learned Counsel for the applicant/accused has submitted
that there is variance in the statements of the victim and also other
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persons. He has submitted that the applicant is 27 years old
innocent person and no such incident of sexual intercourse has
taken place. The learned Counsel has submitted that the report of
DNA, which was awaited, is now received.
4. The learned Prosecutor while opposing this application, has
produced a sealed packet received of the DNA report, from the
Regional Forensic Science Laboratory, Pune. She submitted that
the prosecutrix is now married and residing with her husband in
some other village.
5. We opened the said report dated 7.9.2018 which discloses
that the reference to the C.A. was made on 29.11.2017. A packet
of placenta, the fluid and fetus was sent for DNA examination to
the C.A. and the result after conducting the examination, is as
follows:
“(i) xxx is concluded to be biological mother of the fetus of
xxx.
(ii) Raju Vitthal Shriram @ Dhangar (applicant/accused) is
excluded to be biological father of the fetus of xxx.”
6. The analysis started on 15.7.2018 and it was completed on
1.9.2018. Though the offence is registered under the Scheduled
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Castes and the Scheduled Tribes (Prevention of Atrocities) Act and
under the Protection of Children from Sexual Offences Act, after
taking into account the report of the DNA examination by the CA,
that the applicant is excluded to be the biological father of the fetus
of the victim xxx, we are of the view that prima facie, the
applicant/accused is entitled to bail and hence, granted bail as
under:
i) The applicant/accused Raju Vitthal Shriram @
Dhangar, be released on bail upon furnishing P.R. bond in
the sum of Rs.30,000/- with one or two solvent sureties in the
like amount;
ii) The applicant/accused shall not meet or pressurise the
prosecutrix or her family members;
iii) The applicant/accused shall not abscond or jump bail;
iv) The applicant/accused shall attend on all the Court
dates.
7. The observations made herein are prima facie in nature and
are confined to the adjudication of the present appeal only.
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8. Appeal is disposed of on the above terms.
(MRIDULA BHATKAR, J.) (S.S. SHINDE, J.)
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