{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3850 OF 2009 Sakharam s/o Sandipan Gitte Age-27 years, Occ-labour R/o Malkapur, Tq-Parli, Dist-Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs.S.S.Jadhav, Advocate for applicant Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 27th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.141/2009 registered with Parli (Gramin) police Station for an offence punishable u/s 376, 109, 506 of the Indian Penal Code and 3 (1) (2) (12) and 3 (2) (5) of the Atrocities Act. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. Perused the papers of investigation. {2} 3. It is informed that chargesheet is filed on 13.08.2009 against the applicant and 2 others and the case is also committed to the Court of Sessions for trial vide order dated 16.10.2009. 4. This matter was on board on 17.11.2009 at that time the CA report in respect of vaginal swab, sample pubic hair and blood was not received. Today, the CA report is made available for my perusal. 5. It is alleged in the complaint that the incident occurred in the evening of 24th July 2009 in the residential premises of the complainant. It is further alleged in the compliant that after the elder sister of the complainant, who is a married woman who was breast feeding her child, was driven out of the house by the applicant and his associates, the applicant forcibly ravished the complainant at that time mother of the complainant was washing clothes at the close distance outside the house. It is urged by the learned counsel for the applicant that the way and manner of allegations leveled in the complaint are required to be considered, as the complainant is the only witness to the said incident. It is urged that considering the way and manner of the incident, it has to be supported by the medical evidence, however the medical evidence has negatived the allegations leveled against the applicant, in the compliant. {3} 6. It is urged by the learned APP that though the allegations in the compliant are not supported by the medical evidence, yet the oral testimony of the victim need not be discarded. 7. Considering the submissions, disclosed in the compliant it prima facie appears that the same are not supported by the medical evidence. Though the victim was examined medically within hours of the incident, yet no marks of violence are found on her body. The articles which are collected from her private part were sent for chemical analysis. The report of CA discloses that no semen was found either in the vaginal swab or on the pubic hair. In the premise, the report of the CA would weakn the allegations leveled against the applicant. In the premise, case is made out to enlarge the applicant on bail. 8. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. The applicant is directed not to contact or tamper the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3850-09