IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 627 OF 2010 IN CRIMINAL APPEAL NO. 302 OF 2010 RAGHO SUDAM WAGHE & ANR. .. APPLICANTS VERSUS THE STATE OF MAHARASHTRA .. RESPONDENT Mrs. Nasreen S. K. Ayubi, Advocate appointed for the applicants. Mr. Rajesh More, APP CORAM: SMT. RANJANA DESAI & SMT. N. N. MHATRE, JJ. DATED: 6th MAY, 2010 P.C. The applicants were charged along with two others for offences punishable under Sections 324, 363, 366 and 376 (2)(g) of the IPC arising out of C. R. No. 77 of 2007 of Navghar Police Station. The applicants are original accused Nos. 1 and 2 respectively. Original accused Nos. 3 and 4 being juveniles their trial was separated. By the judgment impugned in the present appeal, the applicants are convicted inter alia for offence punishable under Section 376(2)(g) of the IPC and sentenced to life imprisonment. 2. We have heard learned counsel for the applicant Mrs. Ayubi and learned APP. 3. The incident in question took place on 17/4/07. Both the applicants were absconding. The 1st applicant was arrested on 19/6/07 and the 2nd applicant was arrested on 21/4/07. Identification parade in respect of the 1st applicant was held on 22/6/07 in which the complainant and the prosecutrix identified the 1st applicant. The identification parade in respect of the 2nd applicant was held on 25/4/07 in which the complainant and the prosecutrix identified him. 4. The prosecutrix was examined on the same day in the evening. Medical report Exh.-32 states that the hymen of the victim was torn at 8, 9 O’clock, position and age of tear was fresh. It further states that wound margins indurated bleeds on touch and Luabia Minora ingested edematous because of assault. Medical Officer has opined the injuries over private part of the prosecutrix can be due to forcible sexual intercourse. 5. In view of the above, in our prima facie opinion, the involvement of the applicants in the offence is made out. They cannot be granted bail. Application for bail is rejected. (SMT. RANJANA DESAI, J.) (SMT. N. N. MHATRE, J.)