(1) CRI.APP. 3510.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3510 OF 2010 Devidas Ragho Koli Age : 30 years, Occu.: Labour, R/o Budhgaon, Tq. Chopda, Dist. Jalgaon .. Applicant VERSUS The State of Maharashtra (Through Police Inspector, Rural Police Station, Chopda, Dist. Jalgaon) .. Respondent ... Mr. B.R. Warma, Advocate for the Applicant Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 19TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is a young person and is arrested for offence under section 376, 307, 509 and 506 of the Indian Penal Code. 3. The prosecution alleges that on 12th May, 2010, the prosecutrix who is a old aged woman, had gone to take bath at river Tapi and while returning (2) CRI.APP. 3510.2010 home, she lost the track. She went astray. At about 10.30 am., she noticed that the applicant was cutting thorny bushes by means of an axe. She asked him the road leading to the village. The applicant allegedly used obscene words, asking the old woman to show her ass and, thereafter forcibly committed sexual intercourse with her. He threatened her that she will be humiliated if she would disclose the incident to anyone else. He also assaulted her by means of axe on her neck. 4. The learned Advocate appearing for the applicant would submit that though the allegations reflect commission of heinous crime yet, the applicant is not prima facie involved inasmuch as the FIR lodged by the prosecutrix disclose that she was not knowing the accused and her supplementary statement was got up version. It is argued that the applicant is falsely arrested without there being any substantial evidence regarding the sexual assault on the prosecutrix. It is contended that the medical opinion does not corroborate the charge of rape. The learned APP however submits that the identity of the (3) CRI.APP. 3510.2010 applicant is subsequently disclosed due to the additional statement of the injured and other witnesses. 5. What appears from the recitals of the FIR is that the prosecutrix was residing at Surat (State of Gujarat) alongwith her son, daughter in law and their children. She used to visit her native village on occasions intermittently, and as such she had paid casual visit to the native village on 11.5.2010. The FIR shows that she gave description of the accused and also stated that she was not knowing the applicant. However, during her supplementary statement recorded on the same day, she named the applicant. It is most important to notice that there is no prior enmity between the applicant and the prosecutrix. The medico-legal certificate shows that the prosecutrix had received four contused lacerated wounds on her neck, scapular region and chin. It appears that the physical assault was followed by sexual assault as per the version of the prosecutrix. It further appears that the axe has been recovered at the instance of the applicant during the course of (4) CRI.APP. 3510.2010 the investigation. His involvement in the alleged commission of crime is prima facie apparent. It is true that the medico-legal certificate does not show definite opinion regarding commission of rape on the prosecutrix. One cannot be oblivious of the fact that the prosecutrix is said to be aged about 70 years and has got a married son. In case of such an old aged woman, who can be threatened due to the assault, the injuries on the private part and indication like absence of hymen are not expected to occur inspite of forcible sexual intercourse. The offence is of heinous kind and if the applicant is released on bail, the old aged prosecutrix is likely to be under more threat or pressure. The Application is, therefore, without substance and as such is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp