AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.71 OF 2010 IN CRIMINAL APPEAL NO.77 OF 2010 Vinod s/o. Sarjerao Mane. ... Applicant Vs. The State of Maharashtra ... Respondents Mr. Shekhar S. Bhise for the applicant. Mr. S.S. Pednekar, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 14TH JULY, 2010. P.C.:- 1. The applicant was convicted, inter alia, for offence punishable under Section 376(2)(f) of the Indian Penal Code (for short, “the IPC”) and sentenced to undergo rigorous imprisonment for 10 years. The applicant was also convicted for offence punishable under Section 302 of the IPC and sentenced to suffer imprisonment for life. AJN 2 Substantive sentences were ordered to run concurrently. The appeal filed by the applicant is admitted. This is his application for bail. 2. We have heard learned counsel for the applicant at some length. He submitted that the prosecution has not led sufficient evidence to indicate the applicant's complicity in the offence in question. He submitted that the applicant is a young man of 23 years; he is inside the jail for last five years and, hence, he may be released on bail. 3. It is not possible for us to release the applicant on bail. The medical evidence clearly indicates that the deceased who was a minor girl of four years, was raped. PW-1 Latabai is the mother of the deceased. She has deposed that the applicant took away the deceased on the pretext that he would give her chocolates. On this, the prosecution witness Shravan has corroborated PW-1 Latabai. Thus, the deceased was last seen with the applicant. The prosecution has also examined PW-6 Vasant Patil, who had taken the AJN 3 mango orchard of Babya Patil on contract for plucking the mangoes. According to the prosecution, the incident in question took place in the same field. PW-6 Vasant Patil was in that field for the purposes of guarding the crop. According to him, he heard screams of a girl and, therefore, he went in that direction. He found a small girl lying dead. He went close to the scene of offence. He saw the applicant running away from the scene. He identified the appellant as the same person, in the court. 4. The incident in question took place on 14/2/2005. FIR was lodged by PW-1 Latabai on the same day. The applicant was not traceable. He was arrested on 17/2/2005. Arrest panchnama (Ex-39) shows that there were several scratch injuries on his person. This could be the result of the resistance offered by the deceased. In our opinion, therefore, there is prima facie, evidence to indicate the applicant's involvement in the incident. Hence, the application is rejected. AJN 4 5. Mr. Bhise, learned counsel for the appellant is present in the court. Hence, the notice issued to him is discharged. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]