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It was alleged that Bagade, along with another person, by threatening the physically disabled victim that her parents would be sent to jail, forced the victim to have sexual intercourse
The Bombay High Court has recently denied bail to a man booked for raping a 12-year-old disabled minor while observing that there were 11 other robbery cases lodged against the accused.
“..there is no substance in the contention that when the incident has occurred, the Applicant was already incarcerated in an other case. It is also to be noted that the Applicant has several antecedents. There are a total of 11 cases lodged against the Applicant under Section 393 (Robbery) of Indian Penal Code, 1860. In the said cases, the Applicant was arrested and subsequently enlarged on bail after a few days,” the order states.
A single-judge bench of Justice Madhav Jamdar was hearing a bail plea filed by one Rajendra Dinkar Bagade who was booked under Sections 363, 366-A, 376 (2) (j) (l) (n) of the Indian Penal Code and Sections 4, 6, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012.
The FIR was lodged by the Walchandnagar Police Station in Pune after the mother of the victim reported the incident. Bagade was taken into custody on September 15, 2022, in the POCSO case when he was already in custody in another FIR filed against him.
It was alleged that Bagade, along with another person, by threatening the physically disabled victim that her parents would be sent to jail, forced the victim to have sexual intercourse.
The mother of the victim became aware of the alleged series of incidents on September 9, 2022, which began around Diwali of 2021, i.e., around October-November 2021.
The bench noted that the Sonography report dated September 14, 2022, shows that there is a single live intra-uterine foetus of an average gestational age of 26 weeks.
The bench, while denying bail to the applicant, noted that the offence was extremely serious.
“The offence is extremely serious in nature. Although as per the F.I.R., the informant i.e. the mother of the victim came to know about the same on 9th September 2022, the incident has occurred much earlier,” the order states.
Case title: Rajendra Dinkar Bagade vs State of Maharshtra
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