1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4170 OF 2009 Kiran S/o.Laxman Wankhede, Age-40 years, Occu-Agriculturist, R/o.Yegaon, Tq.Kalamnuri, Dist. Hingoli APPLICANT VERSUS 1. The State of Maharashtra, 2. Police Inspector, Police Station, Balapur, Tq.Kalamnuri, Dist. Hingoli RESPONDENTS Mr.C.V.Thombre, learned counsel for applicant. Mr.B.J.Sonwane, learned counsel for respondents (CORAM : A.V.POTDAR, J.) DATE : 18/12/2009 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.104/2009, registered in Balapur Police Station of Dist.Hingoli for an alleged offence u/s.376,506 of IPC. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP for State. Also perused the papers of 2 investigation till carried out. 3. It is brought to my notice that the said offence came to be registered on the complaint of one Savita Vishwasrao Jadhav, age about 18 years. According to the complainant, the incident took place in the evening of 04/11/2009 when the complainant alongwith her sister had been to the field in response to the call of nature, where the present applicant met her to whom the complainant is acquainted since more than last 7-8 months. As according to the complainant, one sewing machine was provided to the complainant under the scheme of Panchayat Samiti for which certain facility was provided. It is alleged that the applicant asked the complainant to accompany him to the office of Panchayat Samiti where the complainant has to put her signature on certain registers. On their way to the Panchayat Samiti, the applicant stopped his motor bike near one field and sexually ravished the complainant. After hearing hue and cry of complainant, 3-4 persons came there and rescued the complainant. During that process, the applicant left the spot by keeping his motor bike, the key of motor bike and his mobile on the spot. On the next day, the complaint came to be lodged. 4. It further appears that after the complaint was lodged, the complainant was sent for medical examination. During the course of submissions across the bar, it is urged that according to the complainant, the alleged incident took place in the evening of 04/11/2009 while the complaint came to be lodged on 05/11/2009 3 at around 8.00 p.m. There is considerable delay in lodging the complaint. According to the applicant, the applicant is falsely implicated in the present case due to political rivalry and hence prayed to release on anticipatory bail. 5. The application is opposed by learned APP appearing for State as according to him, there are 3-4 eye witnesses who have seen the actual incident as narrated by the complainant. According to him, the complainant was also referred to the medical examination immediately after the complaint came to be lodged. As there are eye witnesses to the incident, it is not safe to enlarge the applicant accused on anticipatory bail. Considering these submissions across the bar, perused the papers of investigation till carried out. 6. The most important fact which require consideration is the document relating to the medical examination of the victim. It is very surprising to note that it is opined that there are not signs of intercourse on the person who was sexually ravished in the field. Apart from it, there are no marks of violence found on the person of the complainant. Not a single injury was noticed on the person of complainant during her medical examination, when she was medically examined soon after the complaint was lodged. Apart from it, the spot where the alleged incident took place was also examined in the presence of independent witnesses and memorandum panchnama of spot of offence was prepared. This spot is a field with a cotton crops therein. Very pertinent to see that there are no signs 4 of any resistance or anything happened in the field as specifically noted in the spot panchnama. Spot panchnama is silent on the point that something is happened. If the medical examination of the victim prosecutrix as well as spot where the alleged incident took place are silent on the aspect that any physical assault or ravishment took place with the victim, then if the eye witnesses are saying that they have witnessed the incident, it is far away from the spot panchnama as well as the medical examination of the victim. It appears from these papers of investigation till carried out that there is a chances of false implication of the of the applicant in the said offence. In the premise, the application require following order - O R D E R 1. The application is allowed. 2. In case of arrest of applicant in connection with CR No. 104/2009, he be released on bail on furnishing surety of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant to give attendance to the concerned police station twice a week i.e. on every Thursday and Sunday in between 11.00 a.m. to 1.00 p.m. till the investigation is over. 4. Applicant not to contact with the prosecution witnesses already examined by the concerned Investigation Officer. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4170-09