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Bombay High Court

Santosh Shivaji WalkeversusThe State of Maharashtra

Decided
Disposal
Disposed Off

Holding

The revision is allowed and the applicant is discharged from the offences punishable under Sections 376, 354, 374(3) and 506 IPC.

Summary

The applicant, a senior police officer, was charged with sexual assault of a fellow police officer (the first informant) under Sections 376, 354, 374(3) and 506 IPC. The Sessions Judge rejected the applicant’s discharge application and ordered trial to continue. The applicant filed a criminal revision, contending that the Vishakha Committee inquiry found no sexual relationship and that the first informant had not filed an immediate complaint, indicating consensual relations. The High Court examined the Committee’s report, noted the lack of a formal complaint, and found that the material did not justify continuation of the prosecution. Accordingly, the Court allowed the revision, quashed the Sessions Judge’s order, and discharged the applicant of all charges, while directing him not to contact the informant.

Issues considered

  • The appropriateness of discharging the applicant despite the pending charges under IPC sections 376, 354, 374(3) and 506.
  • Whether the Vishakha Committee report and the absence of an immediate complaint negate the prosecution’s case.
  • Whether the Sessions Judge’s order rejecting the discharge application should be set aside.

Legislation cited

Subjects

  • sexual assault
  • police officer
  • Vishakha Committee
  • discharge application
  • criminal revision
  • IPC
  • consent
  • harassment

Judgment

                                                                              67-REVN-308-2026 (CR).doc

                      Tikam


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                    CRIMINAL REVISION APPLICATION NO. 308 OF 2026

                          Santosh Shivaji Walke                            ...Applicant/s
                          VERSUS
                          The State Of Maharashtra and Anr.                ...Respondent/s
                          _________________________________________________________________

                          Mr. Girish Kulkarni, Senior Advocate i/by Bhalchandra S. Shinde, Advocate
                          for Applicant.
                          Mr. B.B. Kulkarni, APP for Respondent-State.
                          Mr. Krantisingh Gadade, Advocate for Respondent No.2.
                          _________________________________________________________________

                                                                CORAM     :   SHIVKUMAR DIGE, J.
                                                                DATE      : 9th SEPTEMBER, 2026.
                          P.C. :

                          1.         Heard learned counsel for the Applicant, learned APP and

                          learned counsel for Respondent No.2.

                          2.         The challenge in this application is rejection of discharge

                          application filed by the Applicant.

                          3.         It is prosecution's case that Applicant and First Informant are

                          police officers. Applicant is Senior Officer of the First Informant and by

                          taking undue advantage of it, he sexually assaulted the first informant on

                          several occasions. It is alleged that Applicant told the first informant that

                          he is unmarried. But, actually he was married person.

         Digitally
                          4.         It is contention of learned Senior Counsel for the Applicant that
         signed by
         VAISHALI
VAISHALI ANIL
ANIL     TIKAM            relations between the Applicant and first informant were consensual. Both
TIKAM    Date:
         2026.09.16
         13:56:22
         +0530
                          were police officers. Learned counsel further submitted that the enquiry

                                                           Page 1 of 3
                                                       67-REVN-308-2026 (CR).doc

Tikam


    under Vishakha Committee was conducted against the Applicant and in the

    said enquiry, the Committee Members has observed that there were no

    sexual relations as alleged by the first informant with the Applicant. But

    this fact is not considered by the Learned Sessions Judge. There is no case

    at all made out against the Applicant. Applicant is senior police officer and

    requested to allow the application.

    5.           It is contention of learned APP along with learned counsel for

    Respondent No.2 that Applicant sexually assaulted the first informant on

    several occasions under the influence of his post and on the promise of

    marriage.      Though the Applicant was already married.          There are

    statements of witnesses, which show that Applicant was in continuous

    contact with Respondent No.2-first informant and had visited to the house

    of Respondent No.2. There is sufficient material against the Applicant to

    go on with the trial. The Learned Sessions Judge has passed well reasoned

    order.     No interference is required in it and requested to reject the

    application.

    6.           I have heard all learned counsel. Perused impugned order and

    documents produced on record. Applicant and First Informant both are

    police officers.   The inquiry was conducted      against the Applicant by

    Vishakha Committee and the report of the said Committee Members shows

    that     no sexual relations were found between the Applicant and First



                                     Page 2 of 3
                                                        67-REVN-308-2026 (CR).doc

Tikam


    Informant. The First Informant has not challenged this report. Thought

    the First Informant is major as well as she was police officer, in spite of

    that no immediate complaint was filed against the Applicant. It appears

    that the relations between them were consensual. There is no case made

    out against the Applicant as alleged. But, this fact has not been taken into

    consideration by the Learned Sessions Judge.           Learned counsel for

    respondent No.2 on instructions submits that respondent No.2 does not

    wish to pursue the case and direction be given to the applicant not to

    contact and influence her. Considering these facts, I pass following order:

                                      ORDER

    (i)        Criminal Revision Application is allowed.

    (ii)       The Impugned Order passed by the Learned Additional Sessions

               Judge, Greater Bombay dated 04/04/2026 at Exh.12 in

               Sessions Case No. 647/2022 rejecting discharge application

               filed by the Applicant is quashed and set aside and the

               Applicant be discharged from the offfences punishable under

               Sections 376, 354, 374(3) and 506 of Indian Penal Code.

    (iii)      The Applicant shall not contact the first informant nor try to

               influence through others.

    (iv)       Application is disposed of in the aforesaid terms.


                                                   (SHIVKUMAR DIGE, J.)


                                     Page 3 of 3


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