1 Cri.A.3942.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3942 OF 2011 Sandeep Devorao Shinde R/o Yehlegaon (Tukaram) Tq.Kalamnuri Dist. Hingoli. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.M.V.Ghadge, Advocate for Applicant. Shri.K.S.Patil, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 21.12.2011. PER COURT : 1. Heard learned counsel on both sides. 2. The applicant is arrested in connection with Crime No. 39 of 2011, registered with Balapur Police Station for the offence punishable under sections 363, 366, 376 read with Section 34 of the Indian Penal Code. 3. The FIR is lodged by one Mr. Shamrao Kale. 2 Cri.A.3942.11 Perusal of FIR goes to indicate that his daughter Pranita was found missing. At the same time he claims that he had seen the present applicant carrying Pranita in Car. A statement of Pranita is recorded. The said statement is perused along with other charge-sheet. Reading of said statement goes to show that said Pranita was in the company of present applicant since 19th April 2011 to 8th May, 2011. She claims that present applicant had detained her in the room and said to have committed sexual intercourse time to time against her wish. 4. In the charge-sheet birth certificate or any other material was not annexed to show the age of said Pranita. Across the bar, Mr. Patil learned APP on behalf of the respondent-State produced the School Leaving Certificate in respect of Pranita, which shows that the date of her birth is 1st June 1995. If this is so, with reference to the incident, which alleged to have taken place, her age on 19.04.2011 is 16 years 10 months and some 3 Cri.A.3942.11 odd days. Said Pranita had gone under medical examination for determination of her age and concerned Doctors attached to Shri Guru Govind Singh Memorial Hospital Nanded has certified her age on the basis of examination. Her radiological age is 18 years old 1 year or plus minus. 4. No doubt, in the statement rendered by said Pranita, at many occasions she stated that she was subjected to sexual intercourse against her wish. At the same time, the said statement is required to be doubted on account of her conduct as much as she was in the company of the present applicant since 19th April 2011 to 8th May, 2011. She had every opportunity at least to seek help from the persons, who were residing nearby her place. This is being stated because in her statement there is reference that tenement was procured on rental basis and household articles were purchased and said Pranita made to stay there. She was also stayed at Lodge. She had mobile connection. I am sure, she could have used the said mobile to 4 Cri.A.3942.11 inform to her relatives about overtact committed by the present applicant. 5. Looking to the text of the FIR and the circumstances mentioned aforesaid, the case against the present applicant is required to be seen with doubt. Even otherwise age of the victim Pranita is about to 17 years, it can be observed that this age of the Pranita is that she can understand what is wrong and right. Allegations that she was subjected to sexual intercourse without her consent is required to seen with doubt, as her age is more than 16 years. 5. The Court is informed that said Pranita is residing at village Yehlegaon (Tukaram), Ta. Kallamnuri, District Hingoli. In order see that witnesses are not pressurized the applicant is required to kept away from the village limits of village Yehlegaon(Tukaram) Hence, following order is passed. 5 Cri.A.3942.11 (i) The application is granted. (ii) It is hereby ordered that the applicant be released on bail in connection with crime No. 39 of 2011, registered with Balapur Police Station in the sum of Rs. 15,000/-(Rupees Fifteen Thousand) with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs.15,000/-(Rupees Fifteen Thousand)t. (ii) The applicant shall report the concerned Police Station on every second Saturday between 11.00 a.m. to 4.00 p.m. till 31st May, 2012. (iii) The applicant shall not enter the limits of village Yehlegaon (Tukaram) Tq. Kalamnuri District Hingoli, till evidence of material witnesses is recorded. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 6 Cri.A.3942.11