1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 243 OF 2010 IN CRIMINAL APPEAL NO.168 OF 2010 Mr. Uday Ashok Kamble ..... Applicant. V/s The State of Maharashtra ...... Respondent. Mr. Prashant Rajput for the applicant. Mr. A.S. Shitole, APP for the State. CORAM: V. M. KANADE, J. DATE : 29th March, 2010 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been convicted under sections 376, 366-A, 363, 504, 506 read with section 34 of the Indian Penal Code. Applicant was on bail during trial. 3. The learned Counsel for the applicant has invited my attention to the statement of the prosecutrix. I have perused the said statement. In her evidence, prosecutrix has clearly 2 admitted that she was having physical relations with the accused willingly. In answer to the question which was asked by the Court as to why she was having relationship with him despite knowing that he was a married man having one child, she stated that she was in love with the applicant. According to the prosecution, however, since the prosecutrix was 15 years old and thus below the age of 16, her consent was immaterial. The learned Counsel appearing on behalf of the applicant, however, submitted that the prosecution has not produced School Leaving Certificate of the prosecutrix. He submitted that the ossification test was also not carried out and the girl was matured enough to take decision, though she was below 16 years of age. He further submitted that the applicant is in jail since January, 2009. 4. Since the applicant is in jail for last more than one year and taking into consideration the evidence of the prosecutrix, in my view, this is a fit case for grant of bail during pendency of the Appeal. 5. Applicant, therefore, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. 6. Application is disposed of. (V.M. KANADE, J.)