APPA.667-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 667 OF 2010 IN CRIMINAL APPEAL No. 372 OF 2010 Krishnakant Rushikesh Pathak ...Applicant Vs. The State of Maharashtra ...Respondent *** Mrs. Shabana F. Sothe i/b S. P. Associates, for the Applicant. Mrs. M. R. Tidake, APP for the Respondent. *** CORAM: V. M. KANADE J. DATE : AUGUST 17, 2010 P.C. 1. Heard the learned counsel for the applicant and the learned APP for the respondent. The applicant is convicted for the offence punishable under S. 376 of I.P.C. and is sentenced to suffer R.I. for 5 years and to pay fine of Rs.2,000/- in default to suffer R. I. for one month. He was also convicted for the offence punishable under S. 506 of I.P.C. and sentenced to suffer R.I. for one year and to pay fine of APPA.667-10 - 2 - Rs.500/- in default to suffer R.I. for one week. Both sentences were to run concurrently. 2. Prosecution case is that - . The prosecutrix was residing with the applicant in his house. Admittedly, she is above 20 years of age. It is alleged that on the date of incident, the applicant committed rape on her. The applicant is in jail since 3rd July, 2009. The appeal is not likely to come up for hearing immediately in the near future, taking into consideration pendency of the cases in this Court. The defence of the accused is that of sexual intercourse by consent; the provisions of S. 376 of I.P.C. are not attracted, since there was no forcible sexual intercourse by the applicant on the prosecutrix. Apart from the statement of the prosecutrix, there is no other supporting evidence. It is an admitted position that prosecutrix is no longer staying with the applicant. Under these circumstances, the applicant deserves to be released on bail. Applicant be released on furnishing P.R. bond in the sum of Rs.5,000/- with one or two sureties in the like amount. . Parties to act on the authenticated copies of this order. Sd/- [ V. M. KANADE J.]