9-REVN-263-2026 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 263 OF 2026 Mohammed Muneeb Abdus Saleem Sayyed ...Applicant VERSUS The State Of Maharashtra & Anr. ...Respondents _________________________________________________________________ Mr. Tohid Shaikh, Advocate for Applicant. Mr. S.R.Agarkar, APP for the Respondent-State. Mr. Abhijit Aher, Advocate for Respondent No.2. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 21st SEPTEMBER, 2026. P.C. : 1. The challenge in this Revision Application is to the impugned order whereby rejection of discharge application filed by the applicant came to be rejected. 2. It is prosecution’s case that the applicant sexually assaulted the first informant by threatening to make her obscene photographs viral, created a fake Instagram account in the name of victim and uploaded the said photographs on it and forwarded to the family members of the victim. 3. It is contention of learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The applicant was acquainted with the victim through Instagram, the SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.09.29 17:52:51 +0530 9-REVN-263-2026 (CR).doc S.S.Kilaje sexual relations between them were consensual. There was a delay in lodging the complaint. On 19.04.2024, the applicant had an exam and it was not possible for him to meet the victim. Learned counsel further submits that from the copy of WhatsApp chats placed on record, showing that victim and applicant were chatting with each other on the said date from early morning at 3.15 am. Thereafter, they were chatting at 03.54 pm. till late night 10.58 p.m. which indicates that no incident occurred on that day. It shows that the relations between the applicant and victim were voluntary and consensual without any coercion. Learned counsel further submits that the tower location of the victim and the applicant dated 19.4.2024 shows that they were at different locations. However, this fact is not considered by the learned Sessions Judge. There is no case at all against the applicant and requested to allow the application. 4. It is contention of learned APP and learned counsel for respondent No.2 that, at the time of the first incident, the victim was 17 years and 7 months old. On 19.04.2024, the applicant lured victim to his residence, administered a spiked beverage, causing unconsciousness, and thereafter sexually assaulted her. Obscene photographs of victim’s were clicked without her consent, by threatening to kill her parents through contract killers, if she refuse to continue physical relations. Thereafter, the applicant blackmailed her, threatening to make the photographs viral and 9-REVN-263-2026 (CR).doc S.S.Kilaje sent it to her relatives and sexually assaulted her at various places. It is alleged that the applicant created a fake Instagram account in the name of victim and uploaded her obscene photographs on it and forwarded to her family members. There is sufficient material available against the applicant to proceed with the trial. The learned Sessions Judge has passed well reasoned order. No interference is required in it and requested to reject the application. 5. I have heard all the learned counsel. Perused impugned order and documents produced on record. The statement of victim indicates that, on the first occasion the applicant sexually assaulted her by spiking her juice. When she was unconscious, he took obscene photographs of her and threatened to make the pictures viral. Subsequently using that threat he sexually assaulted her. The defence of the applicant is that, on the day of the incident, he was not present at the scene, however, at this prima facie stage. It cannot be conclusively tested or accepted as a ground of discharge. The question of presence and absence of the accused, as well as the veracity of the plea of alibi, is a matter to be established during trial through evidence. It is contention of learned APP that, during investigation obscene photographs of victim were recovered from the mobile of the applicant, and those obscene photographs form part of evidence against him. Considering the allegations against the applicant, although the 9-REVN-263-2026 (CR).doc S.S.Kilaje applicant relies upon certain whatsapp chats to content that the relationship was consensual. However at this prima facie stage, such whatsapp chats cannot be treated as cogent evidence as obscene photographs are recovered by the Investigating Officer from the mobile of the applicant as well as it is alleged that the applicant had created a fake Instagram account in the name of victim and uploaded photographs on it and send it to family members of the victim. The first sexual assault was allegedly done when victim was minor, at the same time her obscene photographs were taken so no question of consent arise. There is strong prima facie case against the applicant. In view of above, I pass following order: ORDER (i) Criminal Revision Application is rejected. (SHIVKUMAR DIGE, J.)