1 CR.APL NO.931/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 5. APPLN/931/2011 BABALU (RAMKRISHANA) BHAUSAHEB [Criminal] PATOLE V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.P.N.Kutti, Adv., for the applicant. Mr. K.M.Suryavanshi, APP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:31/3/2011 1. Heard Mr. P.N.Kutti extensively. The accused/applicant, in custody from 22nd Dec.,2010, seeks bail after chargesheet. Earlier bail application was rejected on 31st Jan.,2011. 2. Learned Counsel reinforced the earlier submissions that, reading the medical examination of the victim, it does not suggest any ravish to the physique of the victim, 18 years old. According to Counsel, it was counter to the earlier skirmish between father of the victim with the accused/applicant, he has been falsely roped. 2 CR.APL NO.931/2011 3. While entertaining these submissions, even on earlier occasion, the medical examination of the victim, suggesting primary traces of event of sexual abuse and the injury at the neck of the accused/applicant was referred. Situation is not changed even if chargesheet is filed. 4. The FIR discloses at least three persons saw the accused/applicant sneaking away from the room of the victim who gathered hearing the alarm and shouts of the victim. The medical report even if chargesheet is filed, is still awaited. 5. At one stage, owing to submission of learned Counsel that the accused/applicant will stay at Jalgaon, instead of at Parola, a fleeting thought crept in to release the accused/applicant, however, the survey of papers illustrated, there is primary evidence against the accused to implicate him. The contention that it could be consensual act, at this stage, need 3 CR.APL NO.931/2011 not be commented to. Effect of Section 90 I.P.C. has to be scanned during evidence as, prima facie, such eventuality rebels against Accused. There is no strait-jacket formula for determining whether consent given by the prosecutrix for sexual intercourse is voluntary or given under misconception of fact. Application lacks merit, dismissed. Learned Sessions Judge seized with the matter shall ensure expeditious disposal within six months of communication. (K.U.CHANDIWAL) JUDGE ... AGP/931-11crapl