..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.394 OF 2008 IN CRIMINAL APPEAL NO.312 OF 2008 Bhimrao Kisan Shinde. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.Vikas Shivarkar, Adv. for the Applicant. Mr.V.B.Konde-Deshmukh, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 23rd April, 2008. DATED : 23rd April, 2008. DATED : 23rd April, 2008. P.C.: 1. Heard the learned Counsel for the Applicant-orig.accused and the learned APP for the State. 2. The applicant-orig.accused has been convicted under Section 376 of IPC. It is the prosecution case that the prosecutrix was below 16 years of age at the time of the incident. There is no birth certificate, school leaving certificate or any other documentary evidence brought on record to show that the prosecutrix was a minor. The only material relied upon by the prosecution to show that the prosecutrix was a ..(2).. minor is the ossification test. The ossification test shows that the age of the prosecutrix was between 14 to 16 years of age. Moreover in the present case, it is seen that the FIR is lodged more than seven months after the incident. No plausible explanation has been brought on record in respect of the said delay in lodging the FIR. Moreover, the applicant was on bail during the trial and he has not misused the liberty granted to him. In this view of the matter, I am inclined to grant bail to the applicant. 3. Applicant - Bhimrao Kisan Shinde to be released on bail in the sum of Rs.20000/-(Rs.Twenty Thousand Only) each with one or two sureties to make up the said amount. The applicant shall report to Yervada Police Station once in a month i.e. on the first Thursday of every month, till disposal of his appeal. 4. Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)