IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATON No. 3810 OF 2008 Raju Puru @ Namdeo Rathod ... Applicant Vs The State of Maharashtra ... Respondent Mr. Machhinda Deshmukh, for the Applicant. Mr. D. P. Adsule, APP for the Respondent. CORAM: V. M. KANADE, J. DATED: FEBRUARY 20, 2009. P.C.: ---- . Head the learned counsel for the applicant and the learned APP. This is an application for bail by the applicant who has been arrested in connection with an offence punishable under Section 376, 342 read with Section 34 of I.P.C. in C. R. No. 368 of 2007, registered with Pimpari Police Station. 2. It is alleged that the applicant who is 22 years of age committed rape on the prosecutrix who was of 13 years age, on the date of incident. The prosecution case is that sister of the applicant called the prosecutrix who was of 13 years at her house and the moment the prosecutrix entered the house, she locked the room from outside. The - 2 - applicant who was in the house, forcibly committed rape. The mouth of the prosecutrix was gagged with cotton ball. However, she succeeded in removing the gagged cloth ball and shouted for help. At that time father of the prosecutrix came there and unlocked the door and rescued her. The investigating officer has attached the blood stained clothes of the prosecutrix and also other articles found in the room, including the cotton ball, which was used for gagging mouth of the prosecutrix. The prosecutrix has also given a statement involving the present applicant. The father of the prosecutrix has corroborated her statement. Taking into consideration the material which is on record, in my view this is a fit case to refuse the grant of bail to the applicant. Hence, the application for bail stands rejected. Sd/- [ V. M. KANADE, J.]