1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2495 of 2009 In Criminal Appeal No. 354 of 2009 Kasmlakar v. State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. None for appellant Ms S. Wandile, APP for State Coram : A.P. Bhangale, J Dated : 3rd August 2009 1. None for appellant. Applicant has been convicted and sentenced for an offence punishable under Section 376 IPC. The victim girl was aged below 16 years. Applicant has been sentenced to suffer RI for seven years and to pay a fine of Rs. 1000/- as also to pay compensation of Rs. 5000/-to the victim girl. Looking to the evidence of victim girl, Puja (her friend) and Saytrabai in whose house the incident of rape took place coupled with the evidence of Medical Officer, it is not possible to suspend the sentence and grant bail to the applicant, particularly, when he was not on bail during trial. Application is rejected. 2 2. However, since applicant-accused has been sentenced to a fixed term of imprisonment, liberty to the applicant to apply for early hearing of the appeal. Judge. Hsj