13crn1851-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1851 OF 2010 Deepak Mahadeo Khedekar. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.H.S. Venegaonkar, Advocate for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 25TH JUNE, 2010 P.C. 1. Heard rival submissions for sometime on this application for regular bail. 2. Present applicant the sole accused has been arrested immediately on lodging of the FIR for the offence punishable under Sections 376 & 506 of Indian Penal Code. 3. Allegations against the applicant are that on 10th December, 2009 in the evening time prosecutrix, a married 13crn1851-10 2 women, distant relative of the applicant was alone at home. The applicant came to her home and dragged her in the inside room and gave threat of dire consequences and committed forcible sexual intercourse against her will and without her consent. It is further the allegation that at the same time the husband of the prosecutrix entered the house and slapped the applicant and thereafter it was ascertained by the close relatives of the parties as to what is to be done. On the next day, after about 24 hours, First Information Report was lodged by the prosecutrix. Immediately the applicant was put under arrest. 4. During the argument, learned Advocate for the applicant submitted that the medical evidence is not supporting the case of the prosecution and as such case of the prosecutrix, as to forcible sexual intercourse without consent and against the will of the prosecutrix, cannot sustain. Needless to mention that it is the aspect of appreciation of evidence during the trial. What is available at this stage is 13crn1851-10 3 prima facie statement of the prosecutrix taking name of the present applicant as a wrong doer. Reportedly the chargesheet is already filed and the matter is with the concerned Additional Sessions Judge at Solapur. Considering the arguments at the most the trial can be expedited but it would not be in the fitness of the situation to allow the present application for bail. Hence the order :­ :: O R D E R:: [i] Criminal Application No.1851 of 2010 for regular bail stands rejected. [ii] The concerned Additional Sessions Judge, Solapur shall dispose of the present pending matter as expeditiously as possible according to law without being influenced by any observations made in the present matter so far as merits of the case are concerned. (A.R.JOSHI,J.)