1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4537 OF 2011 Kailaspuri Rampuri Gosavi & others Applicants V E R S U S The State of Maharashtra Respondent Shri. Kale A.B. Advocate for the applicants Shri. K.S.Patil, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 22nd November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicants are charged under section 376 r/w section 384, 363, 366 of Indian Penal Code. F.I.R. Is filed by the victim lady. The entire incident has taken place from May 2011 to July 2011 and during this period, the said lady was subjected to sexual intercourse, which was against her wish by taking her out of the house where she has been residing. In addition to the charge of having sexual intercourse without her consent, there are allegations of taking money from her and that a suggestion by the applicant that on payment of said money, the applicant would not disclose what had happened. 3. According to the applicants, a complaint has been lodged after a substantial period and false case has been recorded. In my view, at the moment, the word of the victim has to be believed because she has no reason to make false complaint thereby disclosing that she has been subjected to a sexual intercourse. In my view, material witness, namely a victim girl is of a tender age. She claims to have been of 15 years whereas as per the medical report, her age 2 is reported to be of 17 years. All this will goes to show that if the present applicants are released on bail, though the chargesheet is filed, there is every likelihood that the victim may put to pressure. Hence application is required to be rejected. 4. The application is rejected. ( R.Y. GANOO, J. ) vsm/criappln4537.11