IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.3940/2008 IN CRIMINAL APPEAL NO.765/2008 [Pramod Gopichand Thakre . . ...vs... ..State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 7th July, 2009 Heard Shri Bhange advocate for the applicant and Shri Mandpe APP for state. This is an application under section 389 of Cr.P.C. for suspension of sentence. I have gone through the judgment. Learned counsel for the applicant relied on the medical report of prosecutrix to contend that as there was no injury on the person of the prosecutrix, it can not be held that there was any offence of rape committed on the prosecutrix. I have also seen the medical report. It is difficult to say at this stage that report clearly indicates that there was no attempt to commit rape on prosecutrix. Merely because there were no injuries on the person of the prosecutrix that would not mean that there was no offence committed. Here is a case where the prosecutrix is aged about 11 years. It is difficult to presume that her parents would encourage her to falsely implicate applicant. Learned APP filed reply and tried to contend that offence u/s 376 is made against applicant. However the State does not seem to have preferred any appeal to challenge the judgment of trial court so far as his acquittal for the offence u/s 376 IPC is concerned. In these circumstances, application of the applicant is liable to rejected. Same is rejected. However, hearing of the appeal is expedited. Liberty to applicant to move for bail if the appeal is not heard within a period of 6 months from today. CRIMINAL APPEAL NO.765/2008 The appeal is admitted. Application of the applicant for grant of bail during the pendency of appeal has been rejected. This appeal be treated as custody matter and be listed on priority. Counsel for appellant may file private paper book, if he desires, else the matter will proceed, after preparation of the paper book by the office, within a period of 15 days. JUDGE smp.