State Of Maharashtra & Anr vs Mohd. Sajid Husain Mohd. S. Husain Etc

Once she had left her house at Parbhani having been abused and assaulted by Mahananda; but returned after some time. However, after her return to Parbhani, she was again abused and assaulted by her cousin. She again came back to Aurangabad and started residing at Mukundwadi, where she met accused Tabassum @ Baji. She was asked to work at her place as a maid-servant. According to Puja, in Tabassums house some girls used to come. After a few days, as one girl did not come, she was asked to go with her. They reached a Dhaba at Mhaismal in a white coloured vehicle, where they found a person sitting. She was offered a soft drink. Having consumed it, she felt reeling in her head. She was also not able to walk. Allegedly, against her will , she was subjected to rape. She was taken back to the house by accused Tabassum. She thereafter allegedly had regularly been sent out with various persons. Sometimes, the amount she received was to be divided in the ratio of 50 : 50. Sometimes Tabassum herself used to keep the amount with her. She purchased clothing, jewelleries etc. from the amount she used to earn. Respondents herein, according to the girl, had taken her to a hotel, government guest house and even on one occasion to their own apartment. On 22.04.2007, the accused persons, named in the First Information Report, came to the house of Accused No. 1 for taking her to Mumbai. They were to travel in a bus. They, however, went to a hotel to take liquor, before boarding the bus. However, when the accused persons started behaving indecently with her, the police came and took all of them to the police station.

She was medically examined on 22.04.2007. Her Radiological (Bone) Assessment suggested her age to be between 14-16 years. Respondents herein were not named in the First Information Report. However, Puja made several statements thereafter implicating the respondents herein.

Respondents, having come to know that they have been named by the said girl, absconded. They filed an application for anticipatory bail before the learned Sessions Judge, Aurangabad. The same was dismissed by an order dated 24.05.2007 .

14. It is not in dispute that if the prosecutrix was a minor, consent on her part will pale into insignificance. She had been medically examined and her approximate age on the basis of radiological test was determined to be between 14 to 16 years. Her date of birth was recorded on 04.07.1996 by the Parbhani Municipal Council, Parbhani. as 28.06.1991. The name of her father was also mentioned therein as Sahebrao Mhaske. The said certificate was issued on 29.05.2007, but evidently the date of registration of the said certificate was 04.07.1996 i.e. much before any controversy arose. Three school leaving certificates had been placed before us which have been issued by : (i) Sarjudevi Bhikulal Bharuka Arya Kanya Vidyalaya, Hingoli;

18. Out of the eight respondents, five are police officers, two are politicians and one is owner of a hotel. It is not in dispute that after having come to learn that their names had been taken by the prosecutrix in her supplementary statement, they had been absconding for a long time. It is not necessary for us to record their respective period of abscondance. We may furthermore notice that the respondents had not scrupulously complied with the conditions imposed upon them. Admittedly, at least on four occasions, some of them were not present.

20. There cannot be any direct proof that the respondents have been tempering with evidence, but that question will have to be considered by the appropriate authority at the appropriate stage.

21. Immoral trafficking is now widespread. Victims, who are lured, coerced or threatened for the purpose of bringing them to the trade should be given all protection. We at this stage although cannot enter into the details in regard to the merit of the matter so as to prejudice the case of one party or the other at the trial, but it is now well-settled principle of law that while granting anticipatory bail, the court must record the reasons therefor.

23. A case of this nature should be allowed to be fully investigated. Once a criminal case is set in motion by lodging an information in regard to the commission of the offence in terms of Section 154 Cr. PC, it may not always be held to be imperative that all the accused persons must be named in the First Information Report. It has not been denied nor disputed that the prosecutrix does not bear any animosity against the respondents. There is no reason for her to falsely implicate them. It is also not a case that she did so at the behest of some other person, who may be inimically disposed of towards the respondents. The prosecution has disclosed the manner in which she was being taken from place to place which finds some corroboration from the testimonies of the other witnesses and, thus, we can safely arrive at a conclusion that at least at this stage her evidence should not be rejected outrightly.

29. In the peculiar fact and circumstances of the case, we are of the opinion that the High Court ought not to have granted anticipatory bail to the respondents. The impugned judgment, therefore, cannot be sustained which is set aside accordingly. The appeal is allowed.

30. The respondents may surrender before the Chief Judicial Magistrate and move an application for regular bail, which may be considered on its own merit without being influenced, in any way, by the judgment of this Court.