Cri. Apln. No. 1990/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1990 OF 2011 Deny Asma Wasave, Age 28 yrs., Occu. Mason, R/o. Icchhagavhan, Tq. Akkalkuwa, Dist. Nandurbar. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. A.S. Salve, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 8th June, 2011. PER COURT : 1. This application is filed under section 439 of Criminal Procedure Code for regular bail in Cr. No. 100/2011 registered with Akkalkuwa Police Station, Dist. Nandurbar for offences punishable under sections 376, 504 and 506 of the Indian Penal Code. The papers of investigation were made available by prosecution. Both the sides are heard. 2. The report of the prosecutrix shows that present applicant was living in the house of her maternal aunt Sou. Sunanda Walvi where she was living for the purpose of taking education. On the day of incident Cri. Apln. No. 1990/11 2 after 7.30 p.m. when prosecutrix went to the field to answer the nature's call, accused came there and he committed rape on her by showing knife. Due to threats and due to the presence of knife, she could not resist and she was threatened not to raise hue and cry. She disclosed the incident to her maternal aunt and to her brother. They contacted the father of the prosecutrix. After arrival of the father of the prosecutrix, the report came to be given on the next day. 3. The papers of investigation show that inquiry was made with the accused by parents of the prosecutrix on the next day and at that time the accused took out knife and gave threat to them also. 4. It was submitted for the applicant that medical certificate is not consistent with the version of prosecutrix. It was submitted that no injuries were found on her person and considering the age of prosecutrix, which was around 19 years, there is possibility of consent of the prosecutrix, if such incident really took place. On the other hand, the APP submitted that at this stage, there is no reason to disbelieve the prosecutrix and further when the clothes of the prosecutrix were seized, some stains were found on the clothes, like that of semen. The Sessions Court has rejected the bail application of applicant by holding that there is possibility of tampering the prosecution witnesses. In view of the aforesaid circumstances that there is such possibility. The applicant Cri. Apln. No. 1990/11 3 dared to show knife to parents of the prosecutrix when they questioned him about the incident. The chargesheet is filed and the case can be expeditiously disposed of by the Sessions Court. So I hold that this is not a fit case to grant bail. Hence, the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln1990.11