1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL REVISION APPLICATION NO.171 OF 2010. State of Maharashtra ..Vrs.. Kishor Kinkar ------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders Orders. (Mr.C.N.Adgaonkar,APP for the appellant. Mr.S.P.Dharmadhikar,Senior Advocate holding for Mr.A.M.Jaltare, for the respondent.) ----- CORAM : A.H.JOSHI,J. DATE : DECEMBER 08,2011. Heard learned APP and perused the annexures. According to the prosecution, the failure of the accused no.2 to take preventive measures in keeping away the accused no.1 from the girls' hostel constitutes abatement. Evidence the statements of witness recorded by police do not reveal that the accused no.2 Kishor was in any way instrumental as an instigator to the act of rape subject matter by the accused no.1. The challenge has no foundation on record. Petition is without any merit and is dismissed. JUDGE Deshmukh