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Bombay High Court

Sanjay Kumar ShahversusThe State of Maharashtra

Decided
Disposal
Disposed Off

Holding

The High Court held that, given the consensual nature of the relationship and the absence of evidence establishing a prima facie case, the applicants must be discharged.

Summary

The applicants, Sanjay Kumar Shah and his wife Asha Sanjay Shah, were charged in Sessions Case No. 669 of 2024 for alleged sexual assault and harassment of a complainant, with the prosecution alleging that the husband promised employment to the complainant’s relatives to induce sexual relations and that the wife threatened the complainant. The applicants contended that the relationship was consensual, that there was a significant delay of seven months in filing the FIR, and that no evidence linked the wife to the alleged harassment. The Additional Sessions Judge rejected the applicants’ discharge application, finding a prima facie case. On revision, the High Court examined the delay, the consensual nature of the relationship, and the lack of material implicating the wife, concluding that the prosecution had not established a case against the applicants. Consequently, the Court allowed the revision application and ordered the discharge of the applicants in the criminal proceedings.

Issues considered

  • Whether the delay in lodging the FIR defeats the prosecution’s case.
  • Whether the alleged consensual relationship negates the offence of sexual assault.
  • Whether there is a prima facie case against the applicants sufficient to deny discharge.
  • Whether the material on record implicates the wife in the alleged harassment.

Subjects

  • sexual assault
  • discharge application
  • delay in FIR
  • consensual relationship
  • criminal revision
  • burden of proof

Judgment

                                                                                          4-REVN-203-2026 (CR).doc

                             S.S.Kilaje


                                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                       CRIMINAL APPELLATE JURISDICTION

                                                 CRIMINAL REVISION APPLICATION NO. 203 OF 2026

                                      1. Sanjay Kumar Shah
                                      2. Asha Sanjay Shah                                     ...Applicants

                                      VERSUS

                                      The State Of Maharashtra & Anr.                         ...Respondents
                                          _________________________________________________________________

SONALI by
          Digitally signed
          SONALI
                                      Ms. Anjali Patil a/w. Mr. Tohid Shaikh, Advocate for Applicants.
       SATISH KILAJE
SATISH Date:
       2026.10.07
KILAJE 10:43:11
       +0530
                                      Mr. S. M. Mangaonkar, APP for Respondent-State.
                                      Ms. Priya Chaubey, Advocate for Respondent No.2.
                                      Mr. Satesh Kalbhor, PSI, Trombay Police Station present.
                                      _________________________________________________________________

                                                                          CORAM       : SHIVKUMAR DIGE, J.
                                                                          DATE        : 30th SEPTEMBER, 2026.
                                      P.C. :

                                      1.          The challenge in this application is to the impugned order

                                      passed by learned Additional Sessions Judge, Greater Bombay, whereby

                                      the learned Judge has rejected the discharge application of the applicants.

                                      2.          It is prosecution’s case that the applicant No.1, who was

                                      acquainted with the first informant, established physical relations with her

                                      against her will by allegedly assuring her that he would facilitate

                                      employment for her brother and brother-in-law. It is further alleged that

                                      the applicant No.2 being the wife of applicant No.1 subsequently abused

                                      and harassed the first informant and threatened her with circulation of

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S.S.Kilaje


         photographs.

         3.         It is contention of learned counsel for the applicants that the

         applicants have been falsely implicated in this case.     The relationship

         between the applicant No.1 and first informant was consensual

         relationship and material collected during investigation, including the

         communication between the parties, photographs, travel records and other

         documents, indicates that the parties were voluntarily meeting and

         maintaining a relationship with each other. There is delay in lodging the

         complaint. As the relations between the applicant No.1 and first informant

         were consensual, no case is made out against the applicants. The learned

         counsel further submitted that the applicants have also placed on record

         material concerning the recruitment of the brother and brother-in-law of

         first informant, which indicates that the applicant No.1 was not the

         appointing authority and the appointments were subject to the prescribed

         selection process. Therefore, the allegations that applicant No.1 induced

         the first informant by assuring her that he would secure employment for

         her relatives requires consideration in light of the said material. However,

         these facts are not considered by the learned Sessions Judge, which is

         erroneous and requested to allow the application.

         4.         It is contention of learned APP and learned counsel for

         respondent No.2 that the applicant No.1 took advantage of his position



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         and assured the first informant that he would facilitate employment for her

         brother and brother-in-law. Learned APP further submitted that to prove

         the defence of the applicant, evidence is required.         Learned counsel

         further stated that applicant No.2 being wife of applicant No.1

         subsequently abused and harassed the first informant and threatened her

         to circulate her photographs. On 15.03.2023, the first informant went to

         the office of applicant No.1 to inform him about the conduct of the

         applicant No.2. However, applicant No.1 threatened the first informant

         that he would get her brother removed from his employment. The

         statement of first informant is sufficient to prove the involvement of the

         applicants in the crime. There is prima facie case against the applicants.

         The learned Sessions Judge has passed well reasoned order no interference

         is required init and requested to reject the application.

         5.         I have heard all learned counsel.          Perused the FIR and

         documents produced on record. As per the prosecution’s case, the incident

         of first sexual assault took place on 26.08.2023 at Delhi and the

         subsequent incident took place at Hydrabad on 14.10.2023. The FIR was

         lodged on 23.03.2024. There is a delay of around seven months in lodging

         the complaint. As regards applicant No.2, the allegations against her are

         distinct and the material on record does not disclose her participation in

         alleged acts attributed to applicant No.1. It appears from record that the



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         relations between the applicant No.1 and first informant were consensual.

         Since, the relations are consensual, applicant No.1 cannot be held liable for

         offence as alleged against him. However, this fact has not been considered

         by the learned Sessions Judge and I pass following order.

                                           ORDER

                      (i) The Revision Application is allowed and disposed of.

                      (ii) The applicants are discharged in the Sessions Case No.

                          669 of 2024 arising out of C.R.No. 118 of 2024 registered

                          with Trombay Police Station.



                                                        (SHIVKUMAR DIGE, J.)




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