Nagpur – Justice PV Ganediwala has granted bail to Accused Shantaram Gunjkar who was Accused of committing rape on mentally retarded woman.
Shantaram was arrested on 24-07-2019 by Police Station Borakhedi, Buldhana in Crime No. 260/19under section
376 (J), (L)of Indian Penal Code.
The case of prosecution is that, on 9-08-19 complainant Balu Parvate who is nephew of prosecutrix had lodged report at Police Station Borakhedi that on 7-08-19, at about 8.30 pm, while complainant was returning from his shop, he has heard noise of man and woman near an agricultural filed.
Therefore, he had called one Shankar and while they were searching for man and woman with the help of mobile torch, he has seen his aunt in naked condition and a man was committing sexual intercourse with her. However, on hearing the noise, said man fled away. It is alleged that, prosecutrix was not of sound mind. Complainant had seen one motorcycle on the spot of incidence. As his uncle was not at village, on 9-08-2020, he has given information to his uncle and thereafter report came to be lodged. It is submitted that, after completion of investigation,
chargesheet came to be filed.
During the course of investigation, investigating agency has allegedly seized one motorcycle from the spot of incidence and as Shantaram is the owner of said motorcycle, applicant was arrested.
It is submitted that, alleged time of incidence is 8.30 pm in the night and there is complete darkness and therefore it is doubtful to establish the identity of assailant/accused. It is submitted that, it is admitted position of record that, complainant or any other person has seen Shantaram on spot.
It was also submitted that, it was police who told witnesses that Shantaram is the person who has committed rape.
Adv Mir Nagman ali appeared for Shantaram Gunjkar.