1 WP 3017 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3017 OF 2010. Bhavesh Mankad .. Petitioner. -versus The State of Maharashtra .. Respondent. Mr. Gul Madani, Suraj Desai Almeda, for the Petitioner. Mr. P. H. Kantharia, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 11th January, 2011 P.C. 1. This petition questions the order passed by the learned Additional Sessions Judge, Mumbai, refusing the petitioner's prayer for discharge and also for quashing the proceeding which are pending before the learned Additional Sessions Judge, Mumbai. 2. The petitioner has been chargesheeted for allegedly having forcible sexual intercourse with and employee, who was working with him as Secretary for considerable period of time. Learned counsel for the applicant submits that the alleged forcible sexual intercourse took place in several hotel rooms according to prosecutrix herself and, therefore, she had an opportunity to resist as also invite others to intervene. He pointed out that in fact the prosecutrix continued her affair till December, 2009 and 2 WP 3017 OF 2010 approached the Police on 2.1.2010 after a cheque of Rs.1,44,000/- given by the accused bounced. All this would have to be considered by the learned trial Judge and at this stage the word of prosecutrix that she was subjected to forcible sexual intercourse cannot be rejected outright and the applicant cannot be discharged. The Petition is, therefore, dismissed. (R. C. CHAVAN, J.)