1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1020 OF 2009 WITH CRIMINAL APPLICATION NO. 1021 OF 2009 IN CRIMINAL APPEAL (STAMP) NO. 952 OF 2009 Amar Laxman Kengar ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Mangiri Parasnis for the applicant. Mr. J.P. Kharge APP for the respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 29th September, 2009. PC : 01. Criminal Appeal against the conviction for the offence punishable under Section 376 of the Indian Penal Code thereby sentencing the accused for the period of seven years rigorous imprisonment and to pay fine of Rs.3,000/- in default to suffer rigorous imprisonment for three months by the Judgment and Order dated 25th August, 2008, is filed. 02. The application for condonation of delay of 228 days, is filed on the ground that the appellant is in jail during the trial and could not contact his advocate and give assistance in filing the appeal, hence the delay. Delay of 228 days is condoned for the reasons mentioned in 2 the application. 03. Application is allowed. 04. Appeal is admitted. 05. The application for bail is pressed. It is submitted by the learned counsel for the applicant that in the present case the age of the prosecutrix whether she was below 16 years or not is doubtful and no conclusive evidence was tendered by the prosecution. It is further submitted that the prosecutrix has gone along with the accused to Gujarath and there is falsity in the evidence of the prosecutrix which is not considered by the learned Sessions Judge. 06. The learned APP has submitted that the age of the prosecutrix was fixed on the basis of the school certificate and no ossification test was carried out and no birth certificate was produced. It is further submitted by the learned counsel for the applicant that the accused at the commission of offence was of 20 years and he is in the prison since 24.9.2007. 07. Considering these facts and the nature of the evidence and considering the possibility that in near future the appeal will not be listed for hearing the application application for bail is allowed. 08. The applicant/accused be released on bail of Rs.15,000/- 3 with one surety in like amount. 09. The applicant /accused to attend the concerned police station on first Monday of every month between 3 pm to 5 pm. (MRIDULA BHATKAR, J.)