SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5293 OF 2010 Mohammed Tahir Nawab Sheikh ...Applicant. v. The State of Maharashtra ...Respondents. Ms Anjali Awasthi, adv. For the Applicant. Smt. P.P.Bhosale, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 13, 2010 P.C. 1 Heard the learned counsel for the applicant and the learned APP. Perused the police papers. The applicant and one Murtaza, who is juvenile had allegedly committed rape on the prosecutrix in the evening of 15.2.2010. Prosecutrix was said to have some psychological problem. She told her sister about the incident and the report was lodged by her sister during the following night on 16.2.2010 at 2 a.m. Medical officer certified that the girl was raped. Statement of the girl was recorded two weeks thereafter and she allegedly gave the names of the present applicant and juvenile Murtaza. Applicant is in custody since 2nd March, 2010 when his name was disclosed by the victim. The learned counsel for the parties informs that the trial commenced three months ago but so far only sister of the prosecutrix and one panch witness have been - 2 - examined. For the reasons best known to the prosecution, victim girl is not yet examined. In fact, in rape case, first witness to be examined should be the victim, who can unfold the prosecution case. It is surprising that victim is kept back and time is killed in simply examining other witnesses. As the trial is in progress, I am not inclined to grant bail and the application stands disposed off with the following directions: (i) Application stands rejected. However, the learned Additional Sessions Judge shall expedite the trial of the Sessions Case No.318 of 2010 and dispose off the same within two months from this date without fail. Prosecution shall examine prosecutrix/victim on the earliest date, which may be given by the trial Court. (J.H. BHATIA,J.)