-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 876 OF 2008 APPLICATION NO. 876 OF 2008 APPLICATION NO. 876 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 721 OF 2008 APPEAL NO. 721 OF 2008 APPEAL NO. 721 OF 2008 Mr. Amit Gopalsing Lodha. ... Applicant. V/s. The State of Maharashtra.. ... Respondent. Ms. Pooja Bhojne for the Applicant. Mr. Y.M. Nakhwa, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 05TH AUGUST, 2008. : 05TH AUGUST, 2008. : 05TH AUGUST, 2008. P.C. P.C. P.C. : : : . Being aggrieved by the Judgment and Order of conviction dated 30th June 2008, whereby the Accused/Appellant is convicted for the offence punishable under Section 363 of I.P.C., for seven years and fine, 366-A of I.P.C. for seven years and fine, 376 of I.P.C. for seven years and fine. 2. The learned Counsel for the Appellant invited my attention to the history narrated by the victim before the Medical Officer in which she has stated that she has joined the Accused willingly, went and travelled with him. With the consent of victim they have sexual intercourse willingly. She has even stated before the Medical Officer that she was willing to marry with the accused. However, as per the prosecution, the victim’s age as per the birth record -:2:- was 14 years and 17 days. The record shows that althrough out the Accused was on bail and he has not abused the discretion. It is informed that the victim has now married and settled in her life. 3. Taking all these aspects into consideration, the bail application moved by the Accused is allowed with the following order :- (i) The Accused/Appellant to furnish surety P.R. bond in the sum of Rs.10,000/-. (ii) After the release on bail, the Accused/Appellant shall furnish his address to the investigator. (iii) For a period of one year, he shall report concerned Police Station on last Sunday of every calender month, between 4.00 p.m. to 6.00 p.m. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)