1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.4006 OF 2008 IN CRI.APPEAL NO. 465 OF 2008 (NIRANJAN NAMDEO KHANDARE VS. SANJAY DIGAMBAR GULWADE & ANR.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri S.V.Sirpurkar, Advocate for applicant Shri D.P.Thakare, A.P.P. for Respondent/State. CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 17, 2008. 1. This is application for suspension of sentence of R.I. for ten years, imposed upon the applicant under Section 376(2)(a) of the Indian Penal Code. The applicant is Police Head Constable. He is alleged to have committed rape upon a married woman. 2. The record of the case has been called and I have gone through the deposition of the prosecutrix. The prosecutrix states that she was residing separately from her husband. There had been altercations between them. The applicant, being Police Head Constable, had tried to patch-up the matter between the prosecutrix and her husband. However, thereafter too, husband of the prosecutrix assaulted her. It seems that the 2 applicant went to the house of the prosecutrix eight days after she had gone to Police Station and had sexual intercourse with the prosecutrix about which no complaint was made nor was any alarm raised. Again after a fortnight, the applicant allegedly visited the prosecutrix and had sexual intercourse with her. On 13.12.2006 again the applicant allegedly committed rape upon the prosecutrix. She claims to have raised a cry, whereupon the villagers gathered, caught hold of the applicant and took him to the police. Curiously, the prosecutrix, however, stated in the cross-examination that somebody came to her house, outraged her modesty and ran away and that at the instance of the villagers she named the accused. 3. In the circumstances, the substantive sentence imposed upon the applicant is suspended on applicant's furnishing P.R.B. in Rs.Fifty Thousand with one more solvent surety/sureties in the aggregate sum of Rs.Fifty Thousand. 4. Hamdast allowed JUDGE RR.