1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.246 OF 2010 IN CRIMINAL APPEAL NO.104 OF 2010 Manish Joseph Pakhare ..Applicant Vs. The State of Maharashtra ..Respondent Ms. Pooja Bhojne for the Applicant Mrs. R.V.Newton APP CORAM:- B.R. GAVAI, J DATED:- 4th March, 2010. P.C. 1. This is an application for suspension of sentence and grant of bail. 2. The Applicant is convicted for an offence punishable under Section 376 and sentenced to suffer imprisonment for 10 years. 3. The prosecution case is mainly based on evidence of P.W.1 prosecutrix . No doubt that the conviction can be based on sole testimony of prosecutrix, provided the same is found to be cogent, trustworthy and reliable. 4. The prosecutirx in her evidence states about the rape committed by the Accused. However, from the medical certificate of the prosecutrix as well as of 2 the Accused, it can be seen, that there are no injuries on any part of the bodies. In so far as the blood spotting on the prosecutirx person are concerned, P.W. 8 has stated in the evidence that the same might be due to Menustral circle. 5. The Applicant was on bail during the trial. The bail is already admitted, in that view I am incline to grant bail. The Applicant is directed to release on bail on furnishing bail bond of Rs.25,000/- one or more surety like amount. (B.R. GAVAI, J)