/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1246 OF 2008 IN CRIMINAL APPEAL NO.1157 OF 2008 Sunil Pravinchandra Shah ...Applicant Vs. The State of Maharashtra ...Respondent --- Shri Vijay M. Vaghela for Applicant Mrs. M.H. Mhatre APP for State. ---- CORAM: V.M. KANADE J. DATED 17TH NOVEMBER, 2008 P.C. 1. This is an application for bail. 2. The Applicant has been convicted by the Trial Court for the offence punishable under section 376 of the Indian Penal Code and he sentenced to suffer R.I. for seven years. 3. The prosecution case is that the prosecutrix met the Accused in the market, who is Chartered Accountant by profession and he gave his visiting card and, thereafter, the prosecutrix who is married lady of 30 years of age having one child, went to his office for the purpose of obtaining a pan card. The prosecution case is that thereafter on the pretext of giving her the relevant documents on the next date, he took her to his flat and forcibly committed rape on her. A complaint was lodged after a lapse of 22 days. In / 2 / between, the Complainant informed the wife of the Accused twice about the said incident. Apart from the statement of the prosecutrix, there is no other evidence to support her case. The medical evidence does not disclose that there was any injuries on person of the prosecutrix. 4. The learned Counsel appearing on behalf of the Applicant submitted that there are number of contradictions and inconsistencies in the case of the prosecutrix. He invited my attention to the evidence of prosecutrix and submitted that the case of the prosecutrix, when she was raped by the Applicant-Accused does not appear to be probable. 5. In the present case, there is almost delay of 22 days in filing the FIR. The prosecutrix in the meantime had contacted the Applicant's wife on two occasions. There are number of inconsistencies and contradictions in the case of the prosecutrix. The Applicant is a Charter Accountant by profession. It is not probable that he would introduce himself in a market and gave his visiting card to her for soliciting work. 6. Due to these peculiar facts and circumstances, the Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to Lashkar Police Station, Pune as and when called. / 3 / 7. The application is disposed of. V.M. KANADE J.