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TMI Blog2007 (10) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... en to the flash trade by accused Shamim Tabassum. 5. One Maruti Chandre had seven sisters, two of them are Mahananda and Sunita. Mahananda was unmarried. Sunita's first husband was Dilip Deshmukh, who died. She married to Sahebrao Mhaske, who also died leaving behind prosecutrix and one Santosh. After the death of Sahebrao Mhaske, she again married to Vasantrao Hudgir. There are two issues from the said marriage. Mahananda allegedly was taking care of the prosecutrix as well as Santosh. Before us some documents have been placed to show that the date of birth of Puja is 28.06.1991. 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 Tabassum's 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asmuch as from various public documents, it is evident that the date of birth of the prosecutrix is 28.06.1991 and, thus, at all material times, namely, from January 2007 to 22.04.2007, she was minor and in that view of the matter, the purported consent given by her would not be of much significance. The learned Counsel would contend that it is true that in the First Information Report, the names of the respondents had not been taken, but in a case of this nature, the court should have considered the fact that she had been arrested by the police and as such it is just possible that she was not in a position to recollect all the details. In any event, the First Information Report being not encyclopedic, any evidence which has been collected by the prosecution during the course of investigation should have been taken into consideration having regard to the nature and gravity of the offence. The learned Counsel would submit that the prosecutrix in her statement recorded by the police, had made categorical allegations against Accused Nos. 7, 9, 10, 11, 12, 13, 14 and 15. She made a similar statement before the learned Magistrate, which was recorded under Section 164 Cr. PC on 28.04. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the exercise of jurisdiction of this Court on an appeal from an order granting or refusing the prayer for grant of anticipatory bail and one of cancellation of bail; it is trite that this Court ordinarily would not interfere. Strong reliance, in this behalf, has been placed on State of U.P. through CBI v. Amarmani Tripathi etc. 2005CriLJ4149 and Jagdish and Ors. v. Harendrajit Singh (1985)4SCC508 10. When the matter came up before us on 27.07.2007, a report was called for from the Superintendent of Police, Crime Investigation Department, Aurangabad. The said authority has sent a report to this Court wherein it has, inter alia, been pointed out, that the respondents-accused persons had been absconding for a long time and they during the course of interrogation have been giving evasive answers. 11. It was furthermore stated that from the residence of Accused No. 3, thirteen CDs of blue films and books instigating sex had been seized. It was also submitted that recovery of vehicles used by the respondents from time to time for commission of the offence are yet to be seized and if they are released on bail, they would tamper with evidence. 12. Section 438 of Cr.PC has been amended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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; (ii) Bal Vidya Mandir, High School Parbhani; and (iii) Model English Educational Societies, Sharda Vidya Mandir, Parbhani, wherein her date of birth was shown as 28.06.1991. She had been, as per the said certificates, studying in 9th standard. She dropped out from the school. 15. It may be true that the date of issuance of the certificates had not been stated, but evidently such certificates had been obtained by the prosecution. It may be true that in the First Information Report as also in her first supplementary examination, her age was recorded as 18 years, but she had been examined medically. The possibility of her trying to shield her from prosecution at the time of her arrest and for that purpose disclosing her age to be 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts 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 therefore. 22. The High Court has in regard to the first factor envisaged under the Maharashtra Amendment of Section 438 of the Code of Criminal Procedure proceeded on the basis that the prosecutrix was a girl of easy virtue. This may be so but the same by itself may not be a relevant consideration. [See State of U.P. v. Pappu alias Yunus and Anr. 2005CriLJ331 . 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 imperati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d keep in mind the parameters laid down therefore. The matter, however, may be different for deciding an appeal from an order granting bail, where the accused has been at large for a considerable time, in which event, the post-bail conduct and other supervening circumstances will also have to be taken note of. This Court in Amarmani Tripathi (supra) aforementioned case upon considering even the subsequent events came to the conclusion that the accused therein had tried to interfere with the course of the investigation, tamper with the witnesses, fabricate evidence, intimidate or create obstacles in the path of investigation officers and derail the case. In that case, the appeal granting bail was set aside. 28. We may also notice that the High Court itself has refused to grant regular bail to the accused against whom charge-sheet has been submitted. The learned Session Judge also did not grant bail to some of the accused persons. If on the same materials, prayer for regular bail has been rejected, we fail to see any reason as to why and on what basis the respondents could be enlarged on anticipatory bail. 29. In the peculiar fact and circumstances of the case, we are of the opini ..... X X X X Extracts X X X X X X X X Extracts X X X X
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