1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.361 OF 2010 IN CRIMINAL APPEAL NO.170 OF 2010 Mr. Samit Sadashiv Humane .... Applicant. V/s The State of Maharashtra .... Respondent. Mr. Prakash Naik for the applicant. Mrs. P.P. Bhosale, APP for the State. CORAM: V. M. KANADE, J. DATE : 6th May, 2010 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been convicted for the offence punishable under section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years. Applicant is in jail since about last one year. The age of the prosecutrix was about 13 to 14 years and the applicant was about 23 years of age. According to the applicant, it was a consensual sex between the applicant and the prosecutrix. Trial Court, however, has held that the age of the prosecutrix was 14 2 years and hence she was not in a position to give her consent. 3. The complaint was filed only after the prosecutrix was found to be pregnant after 21 weeks. Taking into consideration the aforesaid facts applicant deserves to be released on bail during pendency of the appeal particularly because appeal may not be heard immediately in near future. 4. Applicant be released on bail on execution of P.R. Bond of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station once in a month. 5. Application is disposed of. (V.M. KANADE, J.) 3