1 criapln2039-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2039 OF 2011 1] Abhijit Suresh Ambekar .. APPLICANT Vs 1] The State of Maha. .. RESPONDENT ... Smt.S.S.Jadhav,Adv. for applicant. Shri B.J.Sonawane,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 24/06/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.12/11 registered in Osmanabad City police Station, Dist. Osmanabad for offences punishable under Sections 376 (g), 363 r.w. 34 of I.P.C. Papers of investigation were made available by A.P.P. Both sides are heard. 2] Crime is registered on the basis of report given by mother of prosecutrix. She has contended that on 12/1/11, at about 7 a.m. she 2 criapln2039-11 noticed that prosecutrix was appearing sick. She was not available on previous night. On enquiry, prosecutrix disclosed that on the previous day, present applicant had taken her with him by saying that her mother was calling her. She disclosed that first she was taken near Terna college and from there, other accused Sandip took her towards the lake. She found that other 2 accused i.e. Shivling, Sandip and present applicant were present there. She disclosed that present applicant used force against her and then other accused committed rape on her. She disclosed that present applicant also raped her and she was made unconscious by making her, drink something. Statement of prosecutrix also came to be recorded and she has repeated these allegations in her statement. Medical examination of the prosecutrix was done. There is also school leaving certificate. This record shows that the age of prosecutrix was below 16 years at the relevant time. Present applicant has given his age as 20 years. A.P. P. submitted that other accused are 16-17 years of age and they are treated as juvinile offenders. On enquiry, advocate for applicant submitted that he is working with the labour contractor. She also submitted that he is relative of prosecutrix. She tried to submit that there is possibility that prosecutrix was habitual to sexual intercourse. Medical certificate shows that there is rupture of hymen. 3] Aforesaid circumstances show that the applicant who is a relative of the prosecutrix who has not crossed 16 years of age, took 3 criapln2039-11 her to lonely place and there she was raped by present applicant and other boys who were juveniles. This happened only due to present applicant. Aforesaid matter is sufficient to make out prima facie case for offence of committing gang rape. In view of these circumstances, it is not desirable to release present applicant on bail. There will be danger to the life of prosecutrix. Advocate for applicant submitted that stringent conditions may be imposed but in such case, such condition becomes meaningless. So application stands rejected. Advocate for applicant has made alternate prayer for early hearing of the case. Sessions Court is to take steps for expeditious disposal of the case and the case is to be disposed of within 6 months from the date of receipt of this order. [T.V.NALAWADE,J.] umg/criapln2039-11