1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.46 OF 2010 IN CRIMINAL APPEAL NO.124 OF 2010 Rihana alias Reshma Kaushar Irfan Pasha ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Vikas Shivarkar, Advocate, for the Applicant Mrs.R.V.Newton, A.P.P. for the Respondent – State CORAM : V. M. KANADE DATE : 30TH APRIL, 2010 P.C. . Heard the learned Counsel for the Applicant and the learned A.P.P for the State. The Applicant has been convicted for the offence punishable under Section 372 of the Indian Penal Code and sentenced to suffer R.I. for 7 years. The Applicant has already undergone 1 year and 6 months sentence. It is submitted that the provisions of Section 372 are not attracted particularly because there is no conclusive 2 material on record to show that she was above 18 years of age. The learned Counsel for the Applicant also submitted that the Sessions Court has observed that the victim girl is not minor as her age is 16 years. Dr.Chavan examined Kumari Muskan. However, she has not been examined by the prosecution. Dr.Chavan’s Certificate however was taken on record and he has mentioned that the age of Muskan was 16 to 17 years. The learned Counsel for the Applicant submitted that there is always margin of error either two to three sides in the case of Certificate which is given on the basis of Ossification test. He submitted that therefore, benefit of doubt ought to have been given by the Sessions Court to the Applicant. He submitted that if it is held that Muskan was above 18 years of age the provisions of Section 372 are not attracted. He also submitted that the Sessions Court has acquitted the brothel owner and the person, who had allegedly purchased Muskan from the Applicant. However, on the same set of evidence the learned Sessions Court convicted the present Applicant. In view of the submission made by the learned Counsel for the Applicant, the Applicant deserves to be released on bail. The Applicant has already undergone 1 year and 6 months sentence. He was on 3 bail during the trial. The Applicant, therefore, be released on bail on execution of P.R.Bond of Rs.10,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned Police Station once in a month. (V.M.KANADE, J.)