IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.235 OF 2009 IN CRIMINAL APPEAL NO.197 OF 2009 Shatrughna @ Pintya Ramchandra Pawar .. Applicant Versus The State of Maharashtra .. Respondent Mr.Siddheshwar Kalel for the applicant. Mr.Y.S.Shinde, A.P.P for the respondent. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 05th March 2009. : 05th March 2009. : 05th March 2009. P.C.: . Heard learned advocate for the applicant and learned A.P.P for the State. The applicant has been convicted for the offence under section 376 of the Indian Penal Code and he has been sentenced to suffer rigorous imprisonment for seven years. For offence under section 506 of the Indian Penal Code, he has been sentenced to suffer rigorous imprisonment for two years. The applicant was on bail during the pendency of the trial. 2. Perusal of the deposition of the prosecturix shows that at the time of incident her age was more than 18 years. Perusal of paragraph Nos.2 and 3 of the (2) deposition shows that the complaint was filed belatedly after four months from the date of first incident. The complaint was filed only after the prosecutrix realised that she was pregnant. It is an admitted position that the prosecutrix delivered a female child and she had disclosed name of the applicant-accused as the father of the child. There is evidence of medical officer of the concerned hospital who disclosed that even the name of the prosecutrix in the hospital record is shown as Laxmi Pintu Pawar. 3. Considering all these aspects, the defence of the applicant that there was a consent deserves consideration. 4. The applicant was on bail till the disposal of the trial and there is no allegation of misuse of bail. 5. Hence, I pass the following order: . The applicant shall be enlarged on the same bail on which he was released during pendency of the trial subject to filing fresh bail bonds within a period of four weeks from today. (3) (A.S.Oka,J)