1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2704 OF 2009 IN CRIMINAL APPEAL NO.362 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Shri S.S.Thombre, Advocate for the applicant and Shri B.V.Wagh, APP for Respondent-State. 2. This is an application for bail pending appeal against order of conviction and sentence passed by learned Sessions Judge-I, Beed, in Sessions Case No.6 of 2009 decided on 31.7.2009 whereby the applicant- appellant is convicted for offence punishable under Section 376 r/w 511 of I.P.C. and sentenced to suffer rigorous imprisonment for a term of five years with fine of Rs.1,000/=. In default of payment of fine, he is to 2 undergo further rigorous imprisonment for six months. The applicant is also convicted for offence under Sections 363,354, 342, 504 of IPC and sentenced for various terms with fine. 3. Advocate Shri Thombre for the applicant submitted that the offence of rape is not proved and conviction is for attempt to commit rate. He has taken me through the judgment and submitted that this is a good case for release of accused-appellant on bail pending appeal. 4. Briefly stated, on 9.12.2008 at about 7.00 p.m. the victim aged 9 years was playing with her friends. At that time, the accused, who was a washer-man had taken the victim to his tapari. He closed the door of his tapari and removed his clothes and clothes of the victim which fact was seen by one Sayyad Sadek Ali and his friends and they informed the mother of the victim. Mother of the victim rushed to the tapari of the accused, removed wooden 3 plank of tapari and saw the incident. Accused had taken the victim on his person and both were naked. Thereafter accused wore clothes and ran away. The victim was taken by her mother to police and a complaint was lodged by her. It has come in the evidence that the victim deposed that the accused dragged her into his tapari and rubbed his private part against her private part. 5. On going through the judgment, it appears that there is independent witness namely PW-6 Rupesh who has corroborated evidence of the victim and her mother. Dr. Suvarnamala found three abrasions on the person of the victim. Considering the evidence it appears that sufficient material was before the trial court. 6. The only point said to be in favour of the applicant-accused is his age. He is said to be 85 years old. In fact, this is a circumstance which goes against him. In my considered opinion, 4 this is not a case for release of accused on bail pending hearing of the appeal. Hence, application for bail dismissed. However, considering the age of the applicant, hearing of the appeal is expedited. Date:05/11/2009 (P.R.BORKAR, J.) pnd/criap2704.09