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Bombay High Court

haroon hamza rashidversusthe state of maharashtra

Decided
Disposal
Disposed Off

Holding

The revision court quashed the Sessions Court order and discharged the applicant due to insufficient evidence and undue delay.

Summary

The applicant, a military officer, sought discharge from charges of sexual assault under IPC sections 376 and 354-A, arguing that the complaint was filed three years after the alleged incident and that he was posted elsewhere at the time. The prosecution presented WhatsApp chats indicating a friendship between the parties and argued that the delay was explained in the charge-sheet. The Sessions Judge had rejected the discharge application, but the High Court noted the significant delay, lack of substantive evidence linking the applicant to the alleged assault, and the applicant's posting away from the venue. Finding the evidence insufficient and the delay prejudicial, the Court quashed the Sessions Court order and discharged the applicant. The revision application was allowed and disposed of.

Issues considered

  • Whether the three-year delay in lodging the complaint warrants dismissal of the charges.
  • Whether the evidence on record sufficiently establishes the applicant's participation in the alleged sexual assault.
  • Whether proceeding to trial would constitute an abuse of the process of law.

Legislation cited

Subjects

  • Criminal law
  • Sexual assault
  • Delay in prosecution
  • Discharge
  • Revision
  • Abuse of process
  • IPC sections 376
  • IPC section 354-A

Judgment

                                                                                    3-REVN-595-2024 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL REVISION APPLICATION NO. 595 OF 2024

                             Haroon Hamza Rashid                                        … Applicant
                             VERSUS
                             The State Of Maharashtra and Ors.                          … Respondents

                             _________________________________________________________________

SONALI by
          Digitally signed
          SONALI
       SATISH KILAJE
                             Mr. Anurag P. Ghah, Advocate for Applicant.
SATISH Date:
       2026.05.06
KILAJE 12:54:56
          +0700
                             Mr. M.G.Patil, APP for the Respondent-State.
                             Ms. Divya Parab a/w. Mr. Rajesh, Advocate for Respondent No.2.
                             WPSI – Phate, Khadki Police Station, Pune City, present.
                             _________________________________________________________________

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

                             1.           The challenge in this Revision Application is the order passed by

                             the learned Sessions Court, Pune in Sessions Case No. 45 of 2020 whereby

                             the learned Sessions Judge has rejected the discharge application of the

                             applicant.

                             2.           It is prosecution’s case that the first informant worked as a

                             Ward Assistant in the Military Hospital, Range Hills, Khadki, Pune whereas

                             the applicant worked as a Master of another ward in the same hospital.

                             Informant is the deaf and mute since birth. It is alleged that in the month

                             of January-2015, the applicant sexually assaulted the informant by taking

                             her to the washroom of the hospital.            The applicant and co-accused


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S.S.Kilaje


threatened the applicant not to disclose the said act to anyone.         It is

alleged that thereafter, the co-accused also sexually assaulted the first

informant by threatening her.

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

offence is registered three years after the incident. At the time of alleged

incident, the applicant was serving at Manipur, Assam. He has no concern

with the said incident. No evidence is produced on record to show the

involvement of the applicant. But this fact is not considered by the learned

Sessions Judge and requested to allow the application.

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

respondent No.2 that there are whats-app chats produced on record to

show that there was friendship between the applicant and victim. After

the sexual assault on the victim, she tried to confide in her co-worker but

due to her inability to speak and hear, she could not be understood. The

charge-sheet has recorded reasons for delay. To prove the innocence of the

applicant, trial is required and requested to reject the application.

5.           I have heard all learned counsel.     Perused charge-sheet and

impugned order. There is three years delay in lodging the complaint. The

documents produced on record shows that in the month of January, the

applicant was serving at Manipur. The informant alleges that during that

period the applicant sexually assaulted her. It creates doubt about the


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S.S.Kilaje


alleged incident. As observed earlier, there is three years delay in lodging

the complaint and there is no sufficient evidence produced on record

against the applicant. The applicant is a solider serving in the military. If

trial is continued, it will be an abuse of process of law and I pass following

order:

                                          ORDER

             (i)     Impugned     order    dated    24.09.2024    passed    by

                     Additional Sessions Judge, Pune, is quashed and set

                     aside.

             (ii)    The applicant is discharged, for the offence punishable

                     under Sections 376(2)(e), 376(2)(i), 376(2)(n), 354-A

                     r/w. 34 of Indian Penal Code, 1860 (for short “IPC”)

6.           Revision Application is allowed and disposed of.




                                                (SHIVKUMAR DIGE, J.)




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