IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2555 OF 2009 Suresh Parasharam Pawar @ Tatya ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent. Mr.S.V.Sadavarte, Adv. for the applicant. Mrs.M.H.Mhatre, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 22nd July, 2009. PC: The applicant came to be arrested in a crime in CR No.122/08 of Kodoli police station for the offence punishable under section 376(2)(g) read with section 34 of IPC. It is the case of the prosecution that the prosecutrix was aged 15 years and two months on the date of commission of offence. It has also come on record that the victim is not mentally sound but is suffering from psychosis a kind of mental dis-order. Taking advantage of her mental condition and tender age the victim was lured by other accused to lodge where the applicant was already present and both the accused raped the victim and thus are facing the prosecution. The applicant is aged about 45 years. The victim was aged about 15 years. She has been gang raped taking advantage of her mental illness and tender age. Having regard to the gravity of offence and prima facie involvement of the applicant I do not think this to be fit case for grant of bail. Hence applicant is rejected. 21.7.2009.