1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 390 of 2011 (Rangrao S/o. Jesa Chavan Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.R. Wagh, Advocate for the applicant. Mr. D.B. Patel, A.P.P. for the State/respondent. CORAM : M. N. GILANI, J. DATE : 22 nd JULY, 2011. Heard. The applicant-accused, against whom the offence being Crime No. 1/2011 is registered at Police Station Jiwati, District Chandrapur, for the offences punishable under Sections 376 and 506 of the Indian Penal Code, seeks for his release on bail The applicant has been charge-sheeted for committing rape on a girl belonging to the family of Wadar, which is a community who earns their livelihood by breaking stones. It is the case of the prosecution that the prosecutrix resides with her parents, brothers and sister. Her father was suffering from haemorrhoids (piles). The applicant resides in the neighbouring village i.e. Jiwati and provides home medicines to the villagers. The father of the prosecutrix to have medicine for piles had been to village Jiwati and as 2 such the applicant is acquainted with him. After about a week, the applicant came to the house of prosecutrix. The applicant informed that he needs a ‘virgin girl’ for preparing medicines and the prosecutrix being unmarried, he would carry her with him to his village Jiwati. The father of the prosecutrix, without realizing ill- intention of the applicant, accepted his proposal. On 31/01/2011, the applicant carried the prosecutrix and her younger brother on his motorcycle to village Jiwati. On reaching to his house, the applicant asked the prosecutrix to prepare food. Accordingly, she prepared food. In the night, when she was asleep, the applicant came to her and slept by her side. The prosecutrix kicked him. The applicant left by saying that he was to prepare medicines and she should keep quiet. On the next morning, when she was alone in the house, the applicant committed sexual intercourse with her and informed her that he would again and twice commit sexual intercourse with her. The prosecutrix narrated this incident to his daughter-Kavita. Out of fear, she did not disclose the incident to others. In the evening, he carried the prosecutrix and his daughter on his motorcycle to Chandrapur. When they were proceeding through forest, he stopped the motorcycle and asked his daughter-Kavita to stay there. Thereafter, he started carrying the prosecutrix in 3 the forest. She could escape from his clutches and came on the road. Fortunately, one vehicle was passing. She boarded the vehicle and came to Adilabad. On the next day, she came to Chandrapur, and informed to her parents about the incident. Thereafter, she came to Police Station and lodged the report. The applicant applied to the learned Sessions Judge, with a prayer to release him on bail. The learned Sessions Judge, after considering the evidence collected by the prosecution, was of the view that offence under Section 376 of the Indian Penal Code is made out against the applicant and, therefore, the prayer for bail was rejected. The learned counsel for the applicant contended that the facts narrated by the prosecutrix, on its face, appear improbable. There is delay of three days in lodging the F.I.R. The prosecutrix had ample opportunities to resist the applicant. According to him, construction of the house of the applicant was going on and for that he had employed prosecutrix and her brother as labours. When he removed them from the job, false report has been filed. The circumstances like the prosecutrix is an illiterate girl belonging to the poor community, which is engaged in breaking stones, the story narrated by the prosecutrix that her father was suffering from piles and had 4 taken medicines from the applicant and thereafter the applicant visited their house, at this stage, do not appear to be improbable. Carrying of prosecutrix with him on the pretext that ‘virgin girl’ was required for preparing medicines and then sexually assaulting her in his house cannot be, at this stage, presumed to be a made-up story. Further, events like she catching the vehicle, going to Adilabad and on the next day returning to Chandrapur also do not appear to be concocted. This is a case of innocent poor girl, who was sexually assaulted by the applicant by taking undue advantage of her illiteracy and backwardness. In that light of the matter, certainly, if the applicant is released on bail, the possibility of applicant influencing the witnesses is not ruled out. Moreover, gravity of the offence does not warrant release of the applicant on bail. The application is rejected. JUDGE *sdw