1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4452 OF 2009 IN CRIMINAL APPEAL NO.643 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram : P.R. Borkar, J. Date : February 01, 2010 1. Heard Shri J.V.Deshpande, Advocate for the applicant-accused and Smt.B.R.Khekale, A.P.P. for Respondent- State. 2. This is an application for bail pending appeal by accused who is convicted for the offence punishable under Section 376 (2)(f) of I.P.C and sentenced to suffer rigorous imprisonment for ten years and also for offence under Section 343 of I.P.C. and sentenced to suffer one year's rigorous imprisonment for the same with fine. 2 3. Learned Advocate for the appellant and learned A.P.P. have taken me through the record and judgment of the trial court. It is true that the victim was aged 5 years and though she supported the prosecution case in examination-in-chief, she also accepted the suggestions given in her cross examination. 4. In this case, peculiar circumstances arise. The incident occurred on 9.1.2008. Sunita, the mother of the victim, was working in the land adjoining to her house along with some other ladies. Key of the house of the accused was given to the victim with understanding that she should handover the same to the accused. The accused came, victim gave him key, but at that time he committed rape on her. The victim raised shouts. Mother of the victim and others came running. The nicker of the victim was stained with blood and white coloured stains. On enquiry, the victim 3 disclosed the incident to her mother immediately. Even the dhoti worn by the applicant-accused at the relevant time was having white stains. The dhoti was attached under panchanama Exh.19. Inner garments of the victim were attached under panchanama Exh.20. Though there was no other injury, hymen of the victim was ruptured. 5. Considering the totality of the reasons given by the learned Sessions Judge, in my opinion, this is not a case wherein discretion to release the applicant-accused on bail can be exercised in his favour. 6. Hence, application rejected. However, hearing of the appeal is expedited as there are very few under- trial cases pending for hearing. Preparation of paper-book is expedited. 7. Application disposed of. Date: 01/02/2010 (P.R.BORKAR, J.) pnd/criap4452.09 4