1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application (APPA) No.11/2010 (State of Maharashtra .vrs. Jagdish Vithalrao Kirpal) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ DATED : JANUARY 18, 2010 Heard Mrs. B.H. Dangre, learned Additional Public Prosecutor for the applicant. Leave to appeal against the judgment and order of acquittal dated 11.5.2009 passed by the Additional Sessions Judge, Wardha in Sessions Trial No. 120/2008 is granted only to the extent the trial court acquitted the respondent for the offence punishable under section 376 of the Indian Penal Code since the trial Court has recorded a finding that the prosecutrix is less than 16 years old at the time of the incident. Insofar as the offences under Sections 363, 366-A and 506 of the Indian Penal Code are concerned, the evidence on record clearly suggests that the prosecutrix herself accompanied respondent and, therefore, none of the aforesaid offences are made out against the respondent. There is no perversity in the findings in this regard. Leave is granted only to the extent of acquittal of the respondent under Section 376 of the Indian Penal Code. The application stands disposed of. 2 Criminal Appeal No. /2010 Heard Mrs. B.H. Dangre, learned Additional Public Prosecutor for the appellant. Registry to register the appeal. Appeal stands admitted. Action under Section 390 of Cr.P.C. to follow. The respondent shall be released upon executing bail bond in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the trial court. JUDGE JUDGE Gulande