1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 938/2010 in Criminal Appeal No. 667/2010 ( Gajanan Sukhram Madavi .vs. State of Mah. through PSO Kurkheda, Dist. Gadchiroli ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. D.A. Sonwane, Advocate for Appellant/applicant. Mr. S.B. Ahirkar, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 24, 2011 Heard. The learned counsel for the applicant/appellant has pressed the prayer for suspension of sentence imposed upon the applicant who is convicted for commission of offence punishable under Sections 376 and 324 of IPC and sentenced to suffer R.I. for five years and to pay fine of Rs.500/- on first count and R.I. for one month and to pay fine of Rs. 250/- on second count, mainly on the ground of applicant being on bail during the proceedings before the trial Court and the order of sentence and conviction not flowing from the evidence surfaced on record at trial for the reasons canvassed by him. 2 After taking into consideration the evidence of prosecutrix PW1, her mother Mangla PW2 and the medical evidence on the record i.e. of Dr. Nilesh- PW3, it is difficult to accept the submission that the trial Court failed to appreciate that the same denotes that the incident in question had occurred with the consent of PW1. On the contrary the prima facie consideration of evidence of PW1 alone does not sound any such possibility and on the contrary the same reveals of herself being ravished by the applicant. The evidence regarding conduct of PW1 prior to the incident and after the incident is found duly corroborated from the evidence of her mother to whom she had met immediately after the incident after her mother had followed her after some time after she had gone for answering call of nature and her mother had called her. The matters noticed by her mother that she had returned weeping and the conditions of her hair and face etc. militates against the theory of consent tried to be canvassed by the learned counsel for the applicant. The medical evidence i.e. of PW3 in terms reveals of having noticed abrasion on right cheek and sexual intercourse being performed with PW1. Needless to add the same prima facie corroborates the evidence and consequently claim staked by her of being ravished by the applicant. Having regard to the said evidence and other evidence on the record, prima facie it is difficult to accept prayer for suspension of sentence and bail made by the applicant who has been held guilty at trial on the basis of such evidence. In view of the same, it is difficult to accede with the prayers made in the application on 3 the count of the applicant being on bail during the course of trial and having good chances of succeeding in appeal. However, having due regard to the submissions canvassed that the appeal may not come up for final hearing immediately in near future, the liberty deserves to be given to the applicant to renew the prayer for bail in such contingency. In the premises aforesaid and prima facie no case being made out for suspension of sentence and for grant of bail, the application stands rejected with liberty to the applicant/appellant to renew the prayer for bail in the event of the appeal being not listed for final hearing in current year. JUDGE halwai