..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.463 OF 2008 IN CRIMINAL APPEAL NO.354 OF 2008 Iqbal Mohamed Hansel Hajam. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.H.R.Sharma, Adv. for the Applicant. Mr.Rajesh More, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 6th May, 2008. DATED : 6th May, 2008. DATED : 6th May, 2008. P.C.: 1. Heard the learned Counsel for the Applicant-orig.accused and the learned APP for the State. 2. The applicant-orig.accused has been convicted under Sections 363 & 376 of IPC. The maximum sentence imposed on the applicant is seven years. The applicant is now seeking bail. 3. The evidence on record clearly show that it is a case of consent. The prosecutrix herself filed an affidavit and made a statement on oath that she is major and performed marriage with the ..(2).. accused in a temple on 20.9.2005 and thereafter she cohabited with him as per her own free will. The prosecutrix has left the house on her own accord and she accompanied the accused to various places to which they travelled by train, bus etc... No attempt was made by the prosecutrix to seek any help or to run away. Thus, a case of consent is clearly made out. However, the fact remains that the prosecutrix was slightly below 16 years of age at the time of the incident. Looking to the fact that there was love affair between the prosecutrix and the accused and that she voluntarily eloped with the accused and thereafter cohabited with him, I am inclined to grant bail to the applicant. 4. The applicant - Iqbal Mohamed Hansel Hajam be released on bail in the sum of Rs.10,000/- (Rs.Ten Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to Kasa Police Station, District - Thane once in three months, till disposal of the appeal. 5. Application is disposed of accordingly. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)