1 APPLN NO.3951 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3951 OF 2010. Mr. Pritesh Dinesh Doshi .. Applicant -versus The State of Maharashtra .. Respondent. Mr. Shailesh Kantharia, i/b Mr. Shaunak Mehta, for the Applicant. Mrs P. P. Shinde, APP for the respondent State. CORAM: R.C. CHAVAN, J. DATED: 4th October, 2010 P.C. 1. The applicant is alleged to have forcibly taken a 13 year old girl in an auto-rickshaw and committed rape upon her. The girl immediately reported the matter to the to the mother and report was lodged with the police immediately. Thereafter the applicant was arrested on the same day. At the test identification parade, applicant was identified. But the memo of parade has been recorded by the Naib Tahsildar in slip-shod manner. As pointed out by the learned counsel for the applicant, the Executive Magistrate, gave a list of five witnesses and repeated the same names as dummies including even the name of the victim. Since the Magistrate must have prepared charts of the parade, this blunder may not be too costly for the prosecution. In this case,D.N.A finger printing has been done which is against the applicant. The application, therefore, is rejected. 2 APPLN NO.3951 OF 2010.sxw 2. The learned Trial Judge would undoubtedly take up the matter for expeditious hearing and shall dispose of the same as early as possible without being influenced by the observations made by this Court in this order. (R. C. CHAVAN, J.)