1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1278 OF 2009 IN CRIMINAL APPEAL NO.691 OF 2009 Sandip Bhaskar Warungse ...Applicant/Appellant Vs. The State of Maharashtra ...Respondent Mr.Ramesh Dubey-Patil i/b. M/s. Jay & Co., for Applicant Mrs. A.A.Mane, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 27TH NOVEMBER, 2009 P.C. 1.The case against the accused inter alia has been of kidnapping and rape of a victim girl then aged 17 years. The accused and the victim girl are stated to have lived together and had consentual sex for a period of 2 days before she returned home. Her mother had lodged a missing complaint. Thereafter, the police was informed that the daughter had returned home. The complaint of rape has been filed after 8 days. The cross examination of the mother shows that that was upon her relative Hiraman telling her to lodge complaint of rape. The victim girl has committed 2 suicide before the trial. Consequently her evidence is not on record. The accused, therefore, could not cross examine her upon the facts known only to the accused and the victim girl. 2.The medical examination conducted on the date of the lodging of the complaint shows no external injuries or injuries to the vulva and no bleeding. The rupture of hymen is shown to be old. The opinion that the evidence of sexual intercourse was present, shows the past conduct of the patient. Case for bail is, therefore, made out. 3.The applicant/appellant is released on bail in a sum of Rs.15,000/- with one or two sureties. 4.The applicant/appellant shall report before the relevant police station on first Monday of each month pending the Appeal. 5.The application is disposed off accordingly. (SMT. ROSHAN DALVI, J.)