APPR.312-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 312 OF 2010 IN CRIMINAL REVISION APPLICATION (St.) No. 467 OF 2010 Anis Sagir Khan ...Applicant Vs. State of Maharashtra ...Respondent *** Mr. Kuldip S. Patil, for the Applicant. Mr. P. S. Hingorani, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : OCTOBER 27, 2010 P.C. 1. Heard the learned counsel for the applicant. The applicant has been convicted for the offences punishable under S. 363, 376 of the I. P. Code. 2. The prosecution case is that prosecutrix who was below age of 16 years, was abducted and raped by the applicant. It is an admitted position that the prosecutrix in her deposition has stated that both of them have love affair and they are staying together. It is submitted by APPR.312-10 - 2 - the learned counsel for the applicant that though the birth certificate shows that she was 15 years of age on the date of commission of offence, medical evidence suggests that she was more than 16 years of age. Apart from this, the applicant has already undergone 5 years of imprisonment out of 7 years imprisonment awarded to him. 3. In my view, taking into consideration the statement of the prosecutrix and the fact that the applicant has undergone more than half of the imprisonment, he deserves to be released on bail. The applicant be released on execution of P.R. bond in the sum of Rs.5,000/- with one or two sureties in the like amount. [ V. M. KANADE J.]