1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.1642 of 2008 (Mangesh s/o Wamanrao Bhujade v. The State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri R.M. Daga, Advocate for Applicant. Shri A.S. Sonare, APP for Respondent/State. CORAM : A.H. Joshi, J. DATE : 30th June, 2008 1. Case proceeds on admitted facts, viz. : (i) FIR is lodged on 25-2-2008 and incident of rape is alleged to have taken place on 19-2-2008, (ii) Medical examination of the prosecutrix reveals sexual intercourse, (iii) There are witnesses, who corroborate to have seen the accused and prosecutrix together, and its time matches following the time of alleged rape, and (iv) Testimonies of witnesses indicate that there is a possibility of some affair leading to sexual intercourse. 2 2. The effort of the accused is to make out the case that the prosecutrix is of a consenting age. 3. Whether the prosecutrix is above the age of consent, prima facie goes against the accused, in the background that there is adequate evidence to connect the accused with sexual intercourse together with the fact that the prosecutirx is below the age of consent. 4. The applicant/accused is, therefore, not entitled to be released on bail. 5. The application is dismissed. JUDGE Lanjewar