1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 269 OF 2011 ( Dnyaneshwar Jalluji Rathod Vs. State of Maharashtra PSO PS Kranja (Ghatge) distt. Wardha) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri B. F. Kose Adv for applicant. Shri V. R. Thakre APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 12th JULY, 2011. . This application is filed for releasing the applicant on bail for the offence bearing Crime No. 187 of 2010 under Section 376 and 506 of Indian Penal Code by Karanja (Ghatge) police station district Wardha. On 19.12.10 victim a girl aged about 13-14 years was sexually molested by the applicant while she was alone in the field. The victim narrated the incident to her mother. On the same day First Information Report was lodged by the mother. During medical examination, it was noticed that hymen was ruptured and it was opined that there was possibility of sexual intercourse. Learned counsel for the applicant contended that 2 because of enmity between two families a false report has been lodged. While inviting my attention to the findings recorded by the Medical Officer, he submits that there is no evidence of rape, and therefore, the applicant be released on bail. Perused the case papers and particularly the statement of the victim. She is a girl below 14 years of age. She narrated the incident in detail as to how the accused assaulted her sexually. Immediately thereafter she disclosed the incident to her mother and the mother reported the same to police. The absence of injuries on the person of victim, particularly in the light of the facts and circumstances and very tender age of the victim, is insignificant. Strong prima facie case involving the accused in the offence punishable under Section 376 Indian Penal Code is made out. In this view of the matter discretion of releasing the accused on bail cannot be exercised. Application is rejected. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.