1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1840/2011 ( Pandit @ Pintu Dattatraya Chilgar Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. Pawankumar S Agrawal Adv. for Applicant/s; Mr. NB Patail APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 5 th May, 2011. 1) Heard finally. 2) The victim, 15 years old, was sexually abused on 3.1.2011, reported to police on 4.1.2011. She was medically examined. Her age is primarily established to be 15 years. 3) The learned Counsel submits, that no traces of alleged assault or of force are reflected in the medical examination. 4) At this stage of the matter, age of the victim plays pivotal role. She could not be said to be a consenting party, even if sex has taken place. The manner in which the affairs have taken place, does not call for liberty though the accused is in custody from 6.1.2011 or that the charge sheet is filed. 5) The application lacks merit, rejected. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE bdv/