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Documente Cultură
518/2015
Received on : 14.09.2015.
Registered on : 14.09.2015.
Decided on : 13.04.2016.
Duration : Y0, M6, D30.
IN THE SESSIONS COURT, THANE
AT THANE.
(Presided over by Ms. Mridula V. K. Bhatia,
District Judge08 & Additional Sessions Judge, Thane)
SESSIONS CASE NO. 5
18
/201
5
.
Exhibit 31.
State of Maharashtra
(through Jawhar Police Station) .... Complainant
V/s.
Yogesh Kisan Mukane,
Age : 26 years, Occ. : Agriculturist,
R/at : Chauthyachi Wadi,
Tal. Jawhar, Dist. Palghar. .... Accused
Appearance : Learned A.P.P. Shri. B. D. Hinge for the State.
Learned Advocate Mrs. Reena Korde for accused.
: J U D G M E N T :
(Delivered on 13th day of April, 2016)
2] The case of the prosecution is as follows :
.. 2 .. S. C. No. 518/2015
(b) On 11/6/2015 at about 6.00 a.m. the complainant along with
her husband had gone to their field for work and returned home at about
11.00 a.m. after doing agricultural work. Then the complainant and her
husband went for shopping in the market. After shopping, the
complainant's husband dropped her at the bus stand. While she was
waiting for the bus, the accused Yogesh had come there on Motorcycle and
told the complainant to accompany him. When she refused, the accused
again threatened her to show those photographs to her husband and
defame her. Therefore, at about 3.00 p.m. she accompanied the accused
on his motorcycle and he took her near Shivneri Dhaba in the bushes.
(c) There also the accused threatened her to show her semi naked
photographs to her husband and others and had forcible intercourse with
the complainant against her wish and without her consent. Thereafter the
accused again threatened the complainant not to inform anything about
this to anyone and dropped the complainant on his motorcycle to Jawhar
bus stand. While going on motorcycle along with the accused towards bus
stand, the complainant's husband saw them. Complainant went home
along with her husband.
husband. Therefore, the complainant narrated the entire incident to her
husband. After informing the complainant's parents, complainant along
with her husband, parents and others went to the police station. The
complainant lodged the present complaint against the accused in the
police station.
3] The accused committed the offences under section 66E of the
Information Technology Act, 2000 and Sections 376 and 506 of the Indian
Penal Code against the prosecutrix. The F.I.R. (Exh.7) was registered at
Jawhar Police Station on 16/07/2015.
5] Charge (Exh. 02) was framed by me against the accused for
the offences punishable under section 66E of the Information Technology
Act, 2000 and Secctions 376 and 506 of the Indian Penal Code. It was read
over and explained to the accused in vernacular. The accused pleaded not
guilty and claimed to be tried.
7] After the prosecution closed its evidence the statement of
the accused under section 313 of Cr.P.C. came to be recorded. The
defence taken by the accused is that he had a love affair with the
complainant which was consensual. He has not clicked any photographs
of the complainant in semi naked position. The complainant used to call
.. 4 .. S. C. No. 518/2015
him whenever her husband used to go out of the house. The complainant
had given him her photographs. One of these photographs was a passport
photograph while the other two were taken in a studio. On the date of the
incident, husband of the complainant saw them together and therefore, a
false F.I.R. came to be filed by her.
9] In the light of the charge against the accused, evidence led
by the prosecution, statement of accused under section 313 of Cr.P.C., the
defence taken by the accused and the submissions across the bar, the
following points arise for my determination. I have recorded my findings
against each of them for the reasons stated below :
POINTS FINDINGS
1] Whether the prosecution proves that in June, 2014
at Chothyachi Wadi, near the house of
complainant, Jawhar, Tal. Jawhar, Dist. Thane
within the jurisdiction of Jawhar Police Station
accused intentionally or knowingly took the half
naked photographs of the complainant while she
was taking a bath without her knowledge and
without her consent and thereby violated the
privacy of the complainant and thereby committed
an offence punishable under Section 66E of the
Information Technology Act, 2000 ? ….. No.
4] What order ? As per final order.
: R E A S O N S :
AS TO POINT NO. 1 TO 3
10] The prosecution examined three witnesses in order to prove
the guilt of the accused.
consent by threatening her to show these photographs.
12] She has further stated that on 11/06/2015 at 6.00 a.m. she and
her husband had gone to the field to work. They returned from there at
11.00 a.m. Thereafter, they both came for shopping at Jawhar market.
After completing their shopping, they reached the bus stop. Her husband
dropped her at the bus stop and went to Talavli for some work. She was
waiting for the bus at the bus stand to go to Chauthyachi Wadi. At that
time accused Yogesh came on a motorcycle and asked her to accompany
him. She refused. Accused then started blackmailing her by threatening
her that he will show these photographs to her husband and others and
malign her reputation. She got scared and agreed. Accused took her to
the same place and committed forcible sexual intercourse without her
consent. Accused also threatened her not to tell anybody about this. When
accused was dropping her back to the bus stop on motorcycle, her husband
saw her with accused. Her husband beat her there itself and also beat her
after they reached home. She informed the above details to her husband.
She therefore went to the police station along with her husband and
others to lodge the complaint on 17/06/2015.
13] She has further deposed that on 11/06/2015 itself she had
gone to the police station to lodge a complaint against the accused.
However, they asked them to come later since they were busy with the big
Bandobast preparation. She was under tremendous pressure. Therefore,
she could lodge the complaint only on 17/06/2015. She lodged complaint
in the presence of Kusum Gotharne, Tulsi Jodhari, Tai Shankar Jodhare,
Nirmala Ghatal, Santosh Ghatal, Kamlakar Bhoye, Bhagwan Kadu and
police.
14] She has further deposed that on 18/06/2015 she showed the
.. 7 .. S. C. No. 518/2015
spot of incident to the police. She was accompanied by her husband. She
also gave her top of Skyblue colour, a brown salwar, a Skyblue and
brown Dupatta, a while slip and a brown nicker stained with blood to the
police. At the time of the incident, the accused was wearing blue jeans,
blue full shirt and a purple underwear.
15] Keshavrao Abaji Naikh (P.W.2) has deposed that in June, 2015
he was incharge of Jawhar police station. On 17/06/2015 Geeta Jitendra
Pagi filed a complaint against accused Yogesh Kisan Mukane interalia u/s.
376 of I.P.C. P.S.I. R. S. Bhusara was the PSO who recorded the F.I.R. On
the basis of the said information, C. R. No. 53/2015 came to be registered.
Further investigation was handed over to PSI M. C. Shelar. He wrote a
letter to JMFC Jawhar to delete Sec. 384 and to add Sec. 66(e) of the
Information Technology Act. Thereafter Mr. Shelar conducted the
investigation in this matter. On 28/08/2015 he seized the muddemal, i.e.,
Nokia Mobile and sent it for chemical analysis vide letter dated
28/08/2015 addressed to the Forensic Lab., Santacruz.
17] He has further deposed that he went to the spot of the incident
and conducted spot panchanama (Exh.9) He also drew a hand map of the
scene of the offence. He also took the photographs of the spot of incident
(Article A). He arrested the accused and seized his clothes. The brother of
the accused Nitin produced the motorcycle on 18/06/2015 which was
used while taking the victim to the spot of the incident. He prepared a
.. 8 .. S. C. No. 518/2015
panchanama for the same(Exh. 11).
18] He has further deposed that Geeta produced her clothes on
18/06/2015 which were seized under a panchanama (Exh.12). On
18/06/2015 he sent a letter to the Medical Officer for conducting the
medical examination of the accused. The medical report of the victim was
received by him.
19] In her crossexamination, Geeta (P.W.1) has stated that she
know Yogesh since the past 4 to 5 years. She came to know him after
marriage. After marriage, they used to stay next to each other. She came
to know him because sometimes she used to call out to him. She has
admitted that she used to call out to him whenever her husband used to go
out. She wanted to talk to him. She was using this SIM card mobile No.
9209202107 to call up the accused every day whenever her husband used
to go out.
20] Her present mobile number is 9209062140. She has admitted
that on 26/01/2016 she has made six phone calls to the accused from this
mobile number. She had called him because she wanted to withdraw this
case. She wanted to withdraw this case because she was in a love affair
with the accused.
21] She has personally not seen the photographs which were
allegedly taken by the accused when she was bathing. She has admitted
that she has a bathroom in her house. No other women used to bathe out
in the open except her. She used to bathe at about 1.00 to 1.30 p.m. in the
afternoon in the open place. There is a temple near that place where she
used to bathe. Since the temple is closed, no people come there. On
11/06/2015 after 3.00 p.m. she went with her free will along with the
accused on his motorbike. She had gone to the place near Shivneri Dhaba
alongwith the accused. She has admitted that she went herself with her
.. 9 .. S. C. No. 518/2015
own free will along with him to the bushes near the Dhaba. She did not
call out for help when he undressed her in the bushes. After the said
incident, she again willingly sat on his bike and came to the bus stop. She
has admitted that if any woman is raped, she will not go on the bike of the
rapist after the rape. She has admitted that she willingly had sexual
intercourse with him and thereafter she herself wore her clothes and
willingly went with him on his bike as usual.
22] She has admitted that after her husband saw her with the
accused on the bike on the bus stop, she filed a false complaint against the
accused in order to save her skin. She and the accused were in a
romantic/sexual relationship willingly after her marriage. She used to go
with him for outings. They both used to meet each other. She was in a
romantic/sexual relationship with him willingly and she filed a false
complaint against him after her husband saw them together. The accused
had not taken any photographs of her while bathing. The accused has not
shown any of her photographs while bathing to her. The accused never
threatened her by showing any photographs to her. She had sexual
relations with the accused with her free will and consent.
23] After the statement of the accused under section 313 of
Cr.P.C. was recorded, he chose not to lead evidence on his behalf. In his
313 statement, he has stated that the complainant had a consensual affair
with him.
24] I have heard the respective submissions of learned counsels
and have also perused the entire material on record.
offences.
26] Per contra, the Ld. Advocate for the accused has vehemently
argued before this court that the accused had a love affair with the
complainant which was consensual. He has not clicked any photographs
of the complainant in semi naked position. The complainant used to call
him whenever her husband used to go out of the house. The complainant
had given him her photographs. One of these photographs was a passport
photograph while the other two were taken in a studio. On the date of the
incident, husband of the complainant saw them together and therefore, a
false F.I.R. came to be filed by her.
intercourse and the story of the prosecution is not plausible by any stretch
of imagination.
29] The prosecution has therefore miserably failed to prove the
case against the accused. The ingredients of none of the offences (under
sections 66E of the Information Technology Act, 2000 and Sections 376,
506 of the Indian Penal Code) have been made out against the accused. In
view thereof, I am inclined to pass the following order.
: O R D E R :
1. The accused Yogesh Kisan Mukane is hereby acquitted vide section
235 of the Code of Criminal Procedure for the offences punishable
under section 66E of the Information Technology Act, 2000 and
Sections 376 and 506 of the Indian Penal Code.
4. The accused shall execute a fresh P.R. bond of ₹15,000/ to appear
before the Appellate Court as and when such court issues notice in
respect of any appeal or petition filed against this judgment, in
terms of section 437A of the Code of Criminal Procedure.
Thane. (Mridula V. K. Bhatia)
Date : 13/04/2016. District Judge08 & Additional
Sessions Judge, Thane.