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Thursday, November 7, 2019

Accused granted interim regular bail by Division bench of Bombay High court

Accused granted interim regular bail by Division bench of Bombay High court 

Zafar Khan
Accused Sheikh Shoeb Sheikh Sattar has been granted interim regular bail on the day when matter was listed for issuance of Notice. Division bench presided over by Justice ZA haq and MG Giratkar JJ were hearing criminal appeal filed Shoeb under sec 14A of Prevention of atrocities act.

Shoeb came to be arrayed as an accused for the offence punishable under Section 363, 366, 376, 376,(2)(N) Of IPC R/w Sec 4, 4(3) (L) Of Protection Of Children From Sexual Offences Act R/W Sec 3(2)(5), 3 (2)(Va) Of Scheduled Castes And Scheduled Tribes
(Prevention Of Atrocities) Act vide Crime No. 55/19 dated 12-04-19 by Malkapur Rural Police station on the report of the -complainant Ashok Wankhede. It is submitted that, Ashok Wankhede who is grandfather of victim gave report with police station, on the basis of which Crime bearing No.

55/2019 u/s 363, 366 of IPC came to be registered. It is alleged in
the report that prior to the incident, the applicant/accused R/o Motala caught hold the hand of victim therefore Crime came to be registered against him with police station Borakhedi for outraging the
modesty of victim. Since the above incident, the victim came to Warkhed residing with the informant/complainant. On 12.4.2019 at
about 9.30 a.m. the daughter- in-law of informant stated that victim is not found since 9.00 a.m. at the house in spite-of search. The informant and his son-in-law had been to the house of applicant/accused and enquired about the applicant/accused and he was also not found at the house. It is alleged in the report that the applicant by enticing the minor victim took her from village Warkhed.

The accused and the victim were caught together at Akola, they were
taken in custody for interrogation. Upon enquiry, it was revealed that
the applicant/accused forcibly took the victim and had sexual
intercourse with the victim against her will therefore the offence u/s
376 of IPC, and as the victim is minor the offence u/s 4 of POCSO Act
were levelled against the applicant/accused.

It was submitted that, victim was aged
about 17 years and therefore she has crossed the aged of discretion
and hence no offence under sec 363, 366A od IPC can be made out
against the applicant.

While issuing notice to Malkapur Rural Police as well complainant, division bench directed released of Shoeb on interim regular bail untill further orders.
Adv Mir Nagman Ali appeared for Sheikh Shoeb.