1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.152 OF 2010 Prashant @ Gopal Anandgir Gosavi, Age-19 years, Occu-Agriculturist, R/o.Jawale Vasti Chandanpuri, Tq.Sangamner, Dist. Ahmednagar APPLICANT VERSUS State of Maharashtra RESPONDENT Mrs.Sabahat Kazi, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 10/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with Crime No.264/2009 registered in Taluka Sangamner Police Station for the alleged offence punishable u/s.376, 504, 506 r/w. 34 of IPC. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. Also perused the papers of investigation as in this case, after completion of investigation, charge sheet is filed. Applicant came to be arrested in connection with this offence on 20/09/2009 and since then is in custody. 2 3. During the course of submissions, it is urged that considering the fact that the victim is mentally disordered girl and she has communicated the act allegedly committed by the applicant by signs to her mother, which act was committed by the applicant about 2 months before the complaint came to be lodged. According to learned counsel for applicant, as the victim can not give the verbal version about who has committed the act, it can not be believed that the applicant has committed the sexual act of ravishment with the victim. Reliance is also placed on the rulling 2002(3) Mh.L.J. 689, in the matter of Sunil Vasantrao Phulbande versus State, as the charge sheet is filed without CA report, is incomplete charge sheet and the accused applicant is entitled to release on bail under section 167(2) of The Cr.P.C. 4. Before proceeding further, it is necessary to consider the ratio as laid down in the said rulling. It is to be noted that this rule was given by the Nagpur Bench of this Court in connection with the case registered under the N.D.P.S. Act. In the cases registered under the N.D.P.C. Act, the report of CA play very vital role as to decide whether the contraband seized from the person, who is arrayed as an accused in the offence, whether that contraband covered as a Narcotic Drug as per the list provided of the Drugs and Substances in the schedule annexed to the Act. If the contraband seized allegedly from the possession of the accused, not answered positive to the test of the schedule of the Drugs or Substances given in the schedule annexed to the Act, then no offence to the credit of such accused from whose 3 possession, alleged contrabands were seized. In other cases, about the offence against the human being in which other evidence is available, can not be treated as par that there shall no offence in absence of CA report. On this ground, the ruling on which reliance is placed, is not applicable in this case. 5. Considering the aspect that the alleged act at the hands of applicant was disclosed by the victim who is mentally disordered girl to her mother, when the bleeding was not stopped and on inquiry with the victim, she disclosed the fact about the alleged act of the applicant by signs to her mother, who is nothing but the cousin brother of the victim. It is to be noted that immediately after the incident is reported in the police station, the victim was sent for Sonography test, which answered in positive. When there are allegations in the complaint against the applicant about the sexual act committed by him on the victim two months back, considering the overall effect of this evidence collected during the investigation, which established the nexus between the applicant and the positive test of Sonography. It is to be noted that this act is by the cousin brother of the victim. In the premise, even though the investigation is over, and charge sheet is filed, no case made out to enlarge the applicant on bail. Hence rejected. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.152-10