1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.208 OF 2010 IN CRIMINAL APPEAL NO. 47 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 10.03.2010 Heard Shri. M.A. Tandale, learned Advocate for the applicant. This is an application for suspension of sentence and for bail. The applicant/appellant is convicted by the learned Assistant Sessions Judge, Jalgaon, in Sessions Case No. 228/2007 decided on 11.9.2009. The applicant/ appellant is convicted for the offence punishable under section 376 (2)(f) of Indian Penal Code and sentenced to suffer R.I. for 10 years and to pay fine of Rs. 1,000/-. He is also convicted of the offence punishable 2 under section 506 of Indian Penal Code and separate sentence is awarded. In this case, the applicant/appellant is found guilty of committing rape on about 6 years girl on 16.9.2007. it is stated that family went to sleep in the courtyard at about 12 midnight in between 15.9.2007 & 16.9.2007. At about 3 am, when the mother woke up for observing roza, at that time she saw that clothes of victim was stained with blood. She saw that there was injury on the private part of the victim and therefore, the mother enquired with the victim and she disclosed commission of rape by the applicant/appellant, who was neighbour. Thereafter complaint was lodged. It is the contention of the applicant/appellant that he has paid Rs. 1,000/- to the victim's mother and was demanding back and therefore, he was falsely implicated. In this case, the medical certificate of victim at exh.72 clearly shows injuries on the private part of the victim. The doctor examined the victim on 16.9.2007. The injury clearly shows sexual assault. The learned Advocate drew my attention to cross examination of victim and 3 argued that the possibility of tutoring made out in this case and so, the applicant/ appellant be released on bail. Para no.36 of the judgment of the trial court indicates that there is independent corroboration to the commission of offence. Inasmuch as the C.A. report reveals that underwear of the accused was stained with blood mostly on front side. His baniyan has also blood stained. Salwar and frock of the victim was also blood stained. Underwear of the accused were having two semen stains in middle portion. Even the baniyan of the accused had semen stains. The blood group was not conclusive but it was among A,B and O and the blood group of the victim was “O”. Considering the facts and circumstances of the case, it is not a stage to reappreciate the evidence. Considering the nature of the offence and the gravity, this is not a case to release the applicant/ appellant on bail. Hence the application is rejected. 4 However, considering the fact that very few numbers of undertrial cases are pending in this court, the applicant/ appellant is at liberty to move this court for early hearing of the appeal as soon as paper book is prepared. [P.R. BORKAR,J.] vsm/criappln20810