: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1030 OF 2009 IN CRIMINAL APPEAL NO.940 OF 2009 Nilkantha Subhash Nimbeni ...Applicant Versus The State of Maharashtra ...Respondent ...... Ms.Suvarna V.Vast h/f Mr.V.V.Purwant for Applicant. Mr.A.S.Shitole, A.P.P. for Respondent. ...... CORAM:- B.R.GAVAI, J. DATED:- FEBRUARY 17, 2010. P.C. 1. This is an application for challenging the order of conviction and sentence and for grant of bail. 2. Heard Ms.Suvarna Vast h/f Mr.V.V.Purwant and Mr.A.S.Shitole, the learned A.P.P. for State. 3. The learned Counsel appearing on behalf of the Applicant submits that from the perusal of the record, it appears that the prosecution has failed to prove the : 1 : case for an offence punishable under Section 376 of the Indian Penal Code beyond reasonable doubt. The learned A.P.P. is vehemently opposing the Application. 4. From the material on record, it can be seen that at the time of the incident, the age of the prosecutrix was 20 years. The main ground on which the conviction is based by the learned Trial Court is that the accused lured the prosecutrix to have sexual intercourse with her on the pretext that he would marry her. It can further be seen that even according to the prosecutrix, she had relations with the Applicant on number of occasions. The conviction is based solely on the testimony of the prosecutrix. No doubt, a conviction under Section 376 of the Indian Penal Code can be based upon sole testimony of the prosecutrix, if her evidence is found to be cogent. 5. However, the Apex Court has held that for establishing an offence under Section 376 of the Indian Penal Code, it is necessary for the prosecution to prove that when the accused lured the prosecutrix to have intercourse with her on the pretext of getting married, he had a dishonest intention at that time and he really did not intend to marry. : 1 : 6. In this view of the matter and particularly finding that the Applicant has already undergone some part of sentence, I am inclined to allow the Application. The order of sentence is suspended. The Applicant Nilkantha Subhash Nimbeni is directed to be released on bail on furnishing bail-bond in the sum of Rs.25,000/- (Rupees Twenty-five Thousand) with one or two sureties in the like amount. (B.R.GAVAI, J.)