1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4869/2010 IN CRIMINAL APPEAL NO. 467/2010 LAHANU @ BHAUSAHEB S/O GORAKH ITHAPE VS. THE STATE OF MAHARASHTRA _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Mr. R.V. Gore with Mr. S.B. Rajebhosle, Advocates for applicant. Mr. T.S. Lodhe, A.P.P. for respondent/State. Date : 14th December, 2010 1 The appellant is seeking bail pending hearing of the appeal. The appellant is convicted for offence punishable under section 323, 452 and 376 of I.P.C. and under section 3(1)(xi) of Prevention of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 2 The prosecution case is that the appellant entered the house of prosecutrix, assaulted and raped her. The complainant / victim stated in her deposition that her date of birth is 04/04/1991 and thereby suggested that on the date of incident she was 15 years 2 and 8 months old. However, there is no other proof of age of the victim on record. On the other hand, the complainant herself stated before the police her age as 16 years and her age as 16 years is mentioned even in the medical certificate. So it appears, the prosecution case is not strong enough to prima facie convince that the age of the complainant on the date of incident was under 16 years. As regards the allegation of assault and forcible intercourse, it is only the complainant who stated so. The medical evidence does not support her on that count. The appellant therefore, has very arguable case and is also entitled to bail. ORDER a) The applicant be released on bail on his executing P.R. bond of Rs.10,000/- (Rs. Ten thousand) and on furnishing one surety in like amount, before the trial Court. b) Criminal application disposed of. [A.V. NIRGUDE, J.] ts k/