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. 1394 OF 2008 CRIMINAL APPLICATION NO. 1394 OF 2008 CRIMINAL APPLICATION NO. 1394 OF 2008 IN IN IN CRIMINAL APPEAL NO. 1285 OF 2008 CRIMINAL APPEAL NO. 1285 OF 2008 CRIMINAL APPEAL NO. 1285 OF 2008 Anil alias Arun Ramchandra Patil ...Applicant (Orig.Accused) vs. State of Maharashtra ...Respondent Mr.C. Patil i/b. Mr.S.S. Patwardhan for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : DECEMBER 19, 2008 DATED : DECEMBER 19, 2008 DATED : DECEMBER 19, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been convicted for the offence punishable under Section 376 of the IPC read with Section 511 for attempting to commit rape on the prosecutrix and is sentenced to suffer RI for 3 years. The applicant was on bail during trial. The prosecutrix is a married lady having three children. 3. It is the case of the prosecutrix that the applicant who is a young boy of 22 years of age had come - 2 - to the house of the prosecutrix at 8 p.m. and asked her to accompany him outside the house and while she had gone near grass stack, the accused attempted to commit rape on her. The trial court has observed that there were certain injuries on the person of the prosecutrix and no injuries were found on the private parts. 3. Taking into consideration the sentence awarded by the trial court and the fact that the appeal is not likely to come up for hearing for sometime and the discrepancy in the statement of the prosecutrix and the medical evidence regarding several injuries which were caused by the applicant to the prosecutrix, the applicant deserves to be released on bail. 4. The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Gadhinglaj Police Station, as and when called. 5. The application is disposed of. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)