1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4398 OF 2009 Ramkumar Navranglal Kumawat ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.P. Mundargi, Sr.Counsel with Mr.S.V. Marwadi i/b. Ms.Sunita Sharma for the Applicant. Mrs.M.R. Tidake, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 10, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant was arrested on 26th July, 2009 on the complaint filed by the prosecutrix for the offence punishable under Section 376 of the IPC which was registered vide C.R.No.224 of 2009 with the Varsova Police Station, Mumbai. 2 3 The prosecution case is that the prosecutrix wanted a role in the album which was produced by the applicant herein. The applicant had called her for audition in the office on 22nd July, 2009 at 1 p.m. and when she had gone to his office, he promised to give her role in the said film and took her to the bed in the said office and had sexual intercourse with her. On the next day of 23rd, the prosecutrix was again called for audition, however, one other model was given the role and the applicant told her that she would have to compromise with the applicant and stay with him on that night which offer was not accepted by her. Thereafter, the present complaint was filed on 26th July, 2009. 4 The learned Senior Counsel for the applicant invited my attention to the statement of the prosecutrix and submitted that even if the statement of the prosecutrix is accepted as gospel truth, no offence under Section 376 was made out since the prosecutrix had willingly sexual relations 3 with the applicant on the same day. 5 There is some substance in the submission made by the learned Senior Counsel for the applicant. Prima facie, after reading the said statement, it does appear that there was no element of coercion on the part of the applicant or unwillingness on the part of the prosecutrix in what transpired in the office of the applicant. Charge sheet also has been filed. The trial is not likely to begin immediately in the near future. Continued detention of the applicant, in my view, is not necessary in the aforesaid offence. 6 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount for the aforesaid offence. The applicant, however, shall report to the concerned police station once in a month. 7 The application is disposed of. (V.M. KANADE, J.)