abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 101 OF 2008 Dastagir Bashir Sayyed .. Applicant V/s The State of Maharashtra .. Respondent Mr.A.P. Mundargi i/b Mr.Subodh Desai for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 20TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant has been arrested in connection with an offence registered under C.R. No.335/2007 by Karad City Police Station, Satara punishable under sections 376, 354 and 506 of the Indian Penal Code and section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that on 6th September 2007 when Nisha - the complainant, who belongs to a scheduled - 2 - caste, was passing by infront of the society office around 8.00 p.m, the applicant taking advantage of the darkness took her forcibly in the gallery of the society and raped her. While he was in the process of raping, father of the complainant came hearing her shouts and the applicant ran away. 4. The applicant, who is a minor and her mother have subsequently made an affidavit dated 2nd November 2007 stating therein that the complaint was false and was made at the instance of Moosa Ambekari, Raju Ambekari and Ayub Sayyed who had some dispute with the applicant’s family. The father of the applicant has also made an affidavit that the complaint was false. 5. The complainant was sent for medical examination. Medical Superintendent, Sub-District Hospital, Karad has opined that he could not state conclusively whether the complainant was subjected to forcible intercourse nor whether she ever had any sexual intercourse in the past. The medical report is inconclusive. There is no other evidence regarding the alleged crime. In the circumstances, the applicant is entitled to bail. Hence, I pass the following order: ORDER ORDER ORDER - 3 - The applicant be released on bail in connection with the offence mentioned above on his executing personal bond of Rs.15,000/- with two sureties of the like amount subject to the condition that the applicant shall not make any inducement nor give any threats to any of the prosecution witnesses and shall cooperate with the investigation. (D.G. KARNIK, J.)