mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 211 OF 2008 Mustaq Hakim Shaikh .. Applicant versus State of Maharashtra .. Respondent ... Mr.A.S. Khandeparkar for the applicant. Mr.K.V. Saste APP for the State. CORAM : D.G.KARNIK, J DATED : 18th February 2008 P.C.: 1. Heard. 2. The applicant has been arrested in connection with the offence registered against him with Byculla police station under C.R.No.54 of 2007 for alleged offence punishable u/s.363, 366, 376 r/w sec.34 of the IPC. The prosecution case is that on 23rd February 2007, the applicant forcibly took away the prosecutrix Taslim Baby and had a forcible intercourse with her. Learned counsel for the applicant invited my attention to the supplimentary statement of Taslim Baby as also of the land lady of the premises where she was alleged rape and submitted that the intercourse was consensual. 3. Learned APP however submitted that on the date of incident the prosecutrix was less than 15 years of age and relied upon a copy of the certificate of birth which says her birth date to be 26th February 1992. As per the birth certificate the prosecutrix was under age girl of less than 15 years. In the circumstances, prima facie offence u/s.376 is made out. Hence, in my view, the applicant is not entitled to bail at this stage. 4. The learned Sessions Judge vide his order dated 15th November 2007 has rejected the application for bail. Though the aspect as to the age of the applicant is not discussed by the learned Sessions Judge, in view of the prima facie evidence regarding the age of the prosecutrix I am of the view that the applicant is not presently entitled to bail. Hence, application for bail is rejected. (D.G. KARNIK, J)