1 Cri.BailAppln.No.1070/22­Ex.1 Order below Exh.1 in Cri. Bail Application No.1070/ 2022

Dinesh Sukhram Rathod .. Applicant Accused.

Vs.

The State of Maharashtra through PI Panchawati Police St. .. Respondent. Nashik. (Cr. No. I 178/2022)

Order below Exh. 1

1.The applicant/accused Dinesh Sukhram Rathod claims bail in C.R. No. I­178/2022 for the offences punishable under Sections 363, 366­A, 370, 370­A, 376(2), 376­D r/w. 34 of the Indian Penal Code and under Sections 4, 6, 8 & 12 of the POCSO Act and u/s. 9 of the Prohibition of Child Marriage Act registered with Panchawati Police Station, Nashik.

2.Heard Learned Advocate Smt V.P.Jadhav, for the applicant and learned A.P.P. Smt. Jadhav for the State. The victim is also present. Perused the papers of investigation.

3.It is the case of the prosecution that the applicant illegally performed marriage with a minor victim who is only 12 years old. He has purchased her from the other accused. He has sexually exploited her and confined her in his house.

4. On perusal of record, it reveals that missing report was lodged by the uncle of victim that his niece left the house without giving intimation to anyone and was not found though they searched for her in the vicinity. On perusal of record, it reveals that victim is only 12 years old. Bonafide certificate to
that effect is obtained from the school of victim. Statement of the victim reflects series of incident as to how she was kidnapped and sold to the applicant. She has specifically stated about sexual exploitation by the applicant ­accused. Victim was present in the Court. Her age can be ascertained even at a glance. Applicant is 25 years old person, resident of Madhya­ Pradesh. Victim was carried to Madhya­ Pradesh by the other accused. Concern of the applicant ­accused with the alleged offence is prima facie clear from the documents on record.

5.There is absolutely no concern of the informant with applicant­ accused and thereby there is no possibility of false implication. The applicant has sexually exploited a child of tender age to suffice his perverse lust. It is the crime against humanity. Offence allegedly committed by the applicant­ accused is very much serious and heinous in nature. Maximum punishment contemplated under Section 4 of the POSCO Act can extend upto imprisonment for life. Thus, viewed from any angel, applicant is not entitled for grant of bail. Hence, the order.

O r d e r

Application Exh.1 stands rejected.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.06 17:22:30 – 0600 Nashik. (Aditee U. Kadam) Date : 06.09.2022. Additional Sessions Judge­2, Nashik.