IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1270 OF 2008 CRIMINAL APPEAL NO. 1270 OF 2008 CRIMINAL APPEAL NO. 1270 OF 2008 Shivaji Pandurang Bhonsale ...Appellant vs. State of Maharashtra ...Respondent Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : DECEMBER 11, 2008 DATED : DECEMBER 11, 2008 DATED : DECEMBER 11, 2008 P.C. :- P.C. :- P.C. :- 1. This is an appeal through jail. There is a delay of 61 days in filing this appeal. In the appeal, he has stated that due to financial constraint, he was not in a position to file the appeal through jail and therefore, delay was caused in filing this appeal. The delay, therefore, caused in filing this appeal against conviction is condoned. The appeal is admitted. 2. Heard the learned APP for the State. 3. The appellant has been convicted for the offence punishable under Sections 366, 376 of the IPC. It is the case of the prosecution that the prosecutrix was more than 16 years of age and the appellant had eloped with daughter of the complainant and had married her and - 2 - she was pregnant when she was found by the complainant. In the trial court, it was submitted that there was eraser made in the School Leaving Certificate and the birth date was shown as 29.9.1991. The Medical Officer issued the certificate showing that the prosecutrix was about 16 years of age. It is an admitted position that the appellant and the prosecutrix got married and were staying together for about 9 months. The complainant had filed the missing report alleging that on 21.12.2006, the appellant kidnapped his daughter. Even if the age as revealed from the School Leaving Certificate is accepted, the prosecutrix was more than 16 years of age. The appellant, therefore, has a good case and is likely to succeed in the appeal if it is established that the prosecution case that the prosecutrix was below 16 years of age is not accepted by this court on account of the various circumstances referred to in the appeal memo. 3. The appellant, therefore, is directed to be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. Copy of the order be - 3 - communicated to the Kolhapur Central Prison, Kalamba, Kolhapur. Compliance report, however, be submitted to this Court on or before 26th January, 2009. 4. Criminal Appeal is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)