..(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.1276 OF 2007 IN CRIMINAL APPEAL NO.1224 OF 2007 1. Shri Suresh Thakaji Kere, & 2. Bhausaheb Thakaji Kere. ..Applicants. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.M.S.Karnik, Adv. for the Applicants. Mr.V.B.Konde-Deshmukh, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 16th April, 2008. DATED : 16th April, 2008. DATED : 16th April, 2008. P.C.: 1. Heard the learned Counsel for the Applicants-orig.accused Nos.1 & 2 and the learned APP for the State. 2. The applicants-orig.accused Nos.1 & 2 have been convicted under Section 376(2)(g) of IPC and sentenced to suffer R.I. for ten years and to pay a fine of Rs.500/- each, in default, to suffer further R.I. for six months. The applicants are now seeking bail. 3. There were property disputes in between the family of the prosecutrix and the family of the ..(2).. accused. Both the accused persons and the prosecutrix are cousins. Mr.Karnik the learned Counsel for the applicants submitted that because of the property disputes both the applicants have been falsely implicated in the present case. The prosecutrix was 16 years of age at the time of the incident. The prosecution case is that accused No.2-Bhausaheb led the prosecutrix to accused No.1-Suresh and thereafter accused No.1-Suresh committed rape on the prosecutrix. The prosecutrix has stated that accused No.2-Bhausaheb caught hold of her hands and he assisted accused No.1-Suresh to commit rape on the prosecutrix. The prosecution has examined PW-6 Dr.Lalchand Jadhav who had examined accused No.1-Suresh. After examination of accused No.1-Suresh, PW-6 Dr.Jadhav had issued a certificate which states that accused No.1-Suresh was not capable of performing sexual intercourse. The said certificate is at Exh.31. The Doctor has also stated about this fact in his evidence. Moreover, in the present case it is seen that there is delay in lodging the FIR. The said delay has not been satisfactorily explained. ..(3).. 4. Looking to all these facts, especially the medical certificate Exh.31 and the deposition of PW-6 Dr.Jadhav, I am inclined to grant bail to both the applicants. 5. Applicants - Shri Suresh Thakaji Kere, & Bhausaheb Thakaji Kere to be released on bail in the sum of Rs.20000/- (Rs.Twenty Thousand Only) each with one or two sureties to make up the said amount. The applicants shall report to Yeola Police Station, Nashik once in a month i.e. on the first Monday of every month, till the disposal of the Appeal. 6. Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)