SRJ cr.apln.4-10.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4 OF 2010 IN CRIMINAL APPEAL NO.4 OF 2010 Ram H. Suryavanshi .. Applicant V/s. The State of Maharashtra .. Respondent. Shri Rishi B huta, for Applicant. Shri P.S.Hingorani, APP for the State. CORAM : B.R.GAVAI, J.. DATE : March 09, 2010. P.C. : CRIMINAL APPLICATION NO.4 OF 2010 1] Admit Criminal Application. CRIMINAL APPEAL NO.4 OF 2010 1] The application is for grant of bail. The applicant has been convicted for the offence punishable under Section 376 of I.P.C. and sentenced for 7 years and under Section 363 of I.P.C. and R. I. for 3 years. 2] From the evidence of prosecution, it is clear that she went with the Accused on her own accord, since the Accused had promised to marry with her. She states that the Accused has forcibly committed sexual intercourse with her against her willingness. The prosecutrix in the SRJ cr.apln.4-10.sxw 2 evidence has stated that she willingly went with Accused at Karnataka in luxury bus and stayed their in the lodge, till her uncle had come and take her back. The medical evidence also shows that she willingly went alongwith the present applicant. The date of birth of prosecutrix is shown to be 22nd November, 1990 and the date of incident shown 14th June, 2008. This shows that applicant was of 17 years and 7 months on the date of incident. 3] In this view of the matter, I am inclined to allow application for bail. Applicant is released on bail on same terms and conditions, however on fresh bonds. (B.R.GAVAI, J. )