{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2866 OF 2010 Mahesh s/o Vinayak Phad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. J.M.Murkute, Advocate for the applicant Mr. P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th August 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail in connection with Crime No.33/2010 registered with Parli (Rural) police station, Dist-Beed for an offence punishable u/s 376, 394, 323 r/w 34 of the Indian Penal Code and u/s 3 (i) (ii), 3 (1) (12), 3 (2) (5) of the Prevention of Atrocities Act. It is informed that the present applicant is arrested in connection with this offence on 29th March 2010. It is also informed that in the present offence, after completion of investigation, charge sheet has been filed on 19th June 2010 before JMFC, Ambajogai. 2. Heard learned counsel for the applicant followed by {2} learned APP. Perused the papers of investigation. 3. The present offence is registered on the basis of complaint lodged by one Manda Shelke, who was residing in a field and working as a field labour. The complainant belongs to Scheduled Caste. The case of prosecution, in short, is that, father and brother of the complainant work as yearly labour and hence they, along with family, including the complainant, used to reside in an accommodation provided by owner of the field in the field itself. The complainant used to work as a farm labour in different agricultural fields. By taking disadvantage of her helplessness and in absence of her parents, the applicant forcibly ravished her and threatened her not to disclose the said incident to anyone else she would face dire consequences so also it was threatened that her parents would be eliminated. Thereafter, repeatedly, the applicant ravished the complainant. Not only the applicant but he has also compelled the victim to satisfy the lust of his friends. Due to fear the complainant did not disclose the incidents of rape to anyone. However, ultimately, when she became pregnant, she was constrained to disclose the acts of the applicant and his friends to her parents. When the parents of the complainant asked applicant about the rape committed by him, the applicant assaulted the parents of the complainant. Thereafter also the complainant was ravished by the applicant, as she had no alternate accommodation. Hence, the present complaint. {3} 4. Learned counsel for the applicant tried to urge that the complainant kept mum for a considerable period and there is huge unexplained delay in lodging the complaint and hence it is requested to release the applicant on bail. Generally, this statement would have been accepted, however, considering the peculiar circumstances of the case, as bread of the family of the complainant was depend on the mercy of the applicant and under threats, not only once or twice, however repeatedly the complainant is ravished that too not only by applicant alone but also by his friends, and hence I am afraid to accept this submission advanced by learned counsel for the applicant. Thus, it is clear that the applicant not only satisfied his lust with the complainant, but also compelled her to satisfy the lust of his friends, by taking disadvantage of her helplessness and under threats. To inspire confidence in the mind of the poor victim and to set an example that if one ravishes anybody taking disadvantage of one’s helplessness, this Court cannot be a mute spectator, the applicant deserves no leniency and only the jail is a fit place for him and, therefore, the application deserves to be dismissed ruthlessly. 5. Consequently, the application, sans merits, stands rejected. [A.V.POTDAR, J.] drp/B10/criapln2866-10