1 APPA 120-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.120 OF 2011 IN CRIMINAL APPEAL NO.74 OF 2011 Firoz Mohamad Shamshad Khan .Applicant V/s. The State of Maharashtra .Respondent Mr.M.M.Nazmi, Advocate, for the Applicant Mrs.P.P.Bhosale, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 20TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by the convict, who has been sentenced R.I. for ten years for raping 13-14 years minor girl. The learned Counsel for the applicant submitted that the victim had, in fact, gone with the applicant & stayed with the applicant for a considerable time at various places in Mumbai. 2 APPA 120-2011 The victim had also admitted that she had gone with the applicant for watching movies at Dindoshi and roaming in gardens. In fact, the applicant had taken her to an Advocate at Bandra in order to get married. Therefore, according to the learned Counsel, though the victim was minor, it was evident that the girl had eloped with the applicant and the entire affair was possibly consensual, with the applicant harbouring sincere desire to marry. Therefore, he submitted that the sentence of R.I. for ten years is extremely harsh, out of which the applicant has already undergone almost three years of sentence and therefore, applicant may be admitted to bail. 3. I have gone through the evidence of the prosecutrix, since R & P has been received. First, the defence taken in the trial was not that of consent. Secondly, it is not just that the victim had accompanied the applicant. The victim had stated that she 3 APPA 120-2011 was asked to come at point of knife. She had also stated that she was asked to stand on a railway track. Considering all this, no case for bail is made out. 4. Criminal Application stands rejected. Hearing of the Appeal is expedited. (R.C.CHAVAN, J.)