IN THE HIGH COURTOF JUDICATURE AT BOMBAY IN THE HIGH COURTOF JUDICATURE AT BOMBAY IN THE HIGH COURTOF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5288 OF 2004 CRIMINAL APPLICATION NO.5288 OF 2004 CRIMINAL APPLICATION NO.5288 OF 2004 IN IN IN CRIMINAL APPEAL NO.1455 OF 2004 CRIMINAL APPEAL NO.1455 OF 2004 CRIMINAL APPEAL NO.1455 OF 2004 Kuldeep Sukhdeo More ..Applicant Vs. The State of Maharashtra ..Respondent ----- Mr.S.V.Marwadi for Applicant Mr.D.P.Adsule, A.P.P.for the State CORAM: V.M. KANADE,J. CORAM: V.M. KANADE,J. CORAM: V.M. KANADE,J. DATED: 16TH DECEMBER, 2004 DATED: 16TH DECEMBER, 2004 DATED: 16TH DECEMBER, 2004 P.C. P.C. P.C. 1. Heard learned Counsel appearing on behalf of the applicant and the learned A.P.P. for the State. The applicant is convicted by the trial Court for having committed offence under Sections 363, 366A and 376(1) of Indian Penal Code and sentenced to suffer R.I. for 5 years and 7 years respectively. The prosecution case is that the accused kidnapped the prosecutrix, a minor girl below 16 years of age and had sexual intercourse for about more than a month. 2. The applicant was on bail during the trial. The evidence on record suggests that the prosecutrix had eloped with the accused. There is no sufficient evidence on record to indicate that the girl was below 16 years of age. Under the circumstances the applicant be released on bail on the same terms and conditions as imposed by the trial Court. The applicant shall execute fresh Bond. . Parties to act on the authenticated copy of this order. JUDGE JUDGE JUDGE