1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1168 OF 2010 Sanjay Krishnakuma Arora, Age-35 years, Occu-Business, R/o.Dharangaon Road, Tq.Kopargaon, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra, Through Police Inspector, Kopargaon Police Station, Tq.Kopargaon, Dist. Ahmednagar RESPONDENT Mr.V.D.Sapkal, learned counsel for applicant. Mr.N.N.Jadhav, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 30/04/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.37/2010, registered in Kopargaon Police Station of Dist. Ahmednagar, for the alleged offence punishable u/s. 376(f), 511 and 354 of IPC, in which the applicant was arrested on 25/01/2010. After completion of investigation, charge sheet was filed on 20/02/2010 before J.M.F.C. Kopargaon, but yet the committal order to be passed. 2 2. This is the second bail application of this applicant before this Court. 3. It is not under dispute that the alleged offence registered in Kopargaon Police Station on the complaint of mother of the victim Renuka on 25/01/2010 about the alleged incident took place around 8.15 a.m. in the inner side of the footwear shop of the applicant. During the investigation, statement of the prosecutrix Renuka was also recorded and immediately thereafter she was referred for medical examination and was medically examined in Rural Hospital, Kopargaon, at about 10.00 a.m. During the course of submissions across the bar, my attention is drawn towards the entries against coloumn no.26 and against coloumn no.28 of the report of medical examination of prosecutrix, about the finding of blood or semen on the clothes of the prosecutrix, on which the note is taken by the medical officer in coloumn no.26, as well as the injuries found on the private parts of the prosecutrix were noted in coloumn no.28. Both these coloumns are silent about the finding of any alien material on the clothes of the prosecutrix, as well as the injuries found on the person of the prosecutrix. The clothes on the person of the prosecutrix were seized at around 10.30 a.m., and at that time, it appears that there is note about the finding of semen on the jean, on the person of the prosecutrix. 4. By pointing out this finding of alien material on the clothes of the prosecutrix as well as the injuries which were noted, if any, 3 during the medical examination, require to be considered in the light of the statement of the prosecutrix. The entire statement need not be adverted here as it is not necessary also. But considering these submissions, according to counsel for applicant, the statement of the prosecutrix do not match with this evidence collected during the investigation. Today, the report of the chemical analyser about the finding of semen on the clothes of the prosecutrix was tendered. It also require to be considered in the light of this evidence collected. 5. According to learned AGP, considering the heinous nature of allegations to the credit of applicant, all these facts need not to be considered at this stage. 6. The very test, whether it is an offence punishable u/s. 376 of The IPC, or it is an offence punishable u/s. 354 of The IPC, require to be considered in the light of medical evidence as well as the evidence of Chemical Analyser of the clothes on the person of the prosecutrix, which on the face of it, do not match with the disclosure statement made by the prosecutrix. In the premise, whether the offence is made out or not, that can decided by the Trial Court, after giving an opportunity to the prosecution as well as the defence to tender and to rebut the evidence during the trial. But prima facie it appears that the disclosure of statement do not match with the medical evidence as well as the evidence of the Chemical Analyser. Considering this aspect and now as the investigation is over, the applicant is entitled for bail on following conditions. 4 O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. Applicant not to enter in village Kopargaon till the trial against applicant to be disposed of. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/APRIL 2010/cri.appl.1168-10