– Justice MW Chandwani has granted regular bail to Rakesh Raju Hatagade.
Nagpur :- Rakesh Raju Hatagade was arrested for the offence punishable under section sections 376 (2) (n) , 506, 34 of Indian penal code vide crime number 582/2022 registered by PS Gittikhadan Nagpur.
The case of the complainant was that she is wife of one Akash Hatagade who is the real brother of Rakesh Hatagade. The husband of the complainant was in jail and therefore the nephew of the complainant namely Rajan Hatagade would use to trouble her and would use to remind some money from her. It is alleged that on 10th June, Rakesh Hatagade came to her home at around 5.30 a.m. by opening the latch of the door. Thereafter he slept besides the complainant and demanded Rs.30/- which the complainant had given to him and thereafter he went out. This fact was seen by Rajan and his wife from the window of the house. Thereafter, Rajan and Janvi came to the complainant and told her that this behaviour of her is not proper and she sleeping with the brother-in-law. Thereafter on 13/06/2022, at about 2 AM, Rajan came inside the house by opening the latch of the door and slept besides the complainant. When complainant objected to it, Rajan threatened her not to shout otherwise he will tell everybody about the complainant ‘s affair with Rakesh. That, Rajan demanded to have sexual relations with the complainant and thereafter he forcibly had sexual relations with the complainant. It is further alleged that, present applicant namely Rakesh also came to the complainant and stated that he will tell everyone about our affair with Rajan and he also demanded to have sexual relations with the complainant and thereafter he had sexual relations with the complainant. Thereafter, one Rajesh Rokade also had sexual relations with the complainant. It is further alleged that, Sandip Nade also had sexual relations with the complainant. Thereafter, complainant lodged a report about the alleged incident on 2/10/2022 which led to registration of the present FIR.
In pursuance of lodgment of FIR, Rakesh came to be arrested on 3-10-2022 and since then he was behind the bars.
It was submitted that, perusal of the first information report would reveal that the conduct of the complainant is absolutely unnatural. As per the allegation of the complainant, the alleged incidences of sexual intercourse were going on since 13/06/2022 and the first information report came to be registered on 2/10/2022.
The claim of the complainant is that her husband Akash was behind bars and therefore she was sexually assaulted by the applicant and others. It is submitted that although it is true that the husband of the complainant was behind the bars, however, he was acquitted from the said offence and he was released from jail after his acquittal on 14-07-2022. Therefore there was no possibility of sexual assault when husband of complainant was at home.
Even otherwise taking the case of the prosecution and its face value as narrated in the FIR would reveal that it is at the most case of consensual sexual relations of the complainant with the applicant and others.Adv Mir Nagman Ali appeared for Rakesh Raju Hatagade.
