- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5528 OF 2009 Ramsubbu @ Raja Pallayya Pariyar ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Ramesh R. Mishra,, Mr. S. S. Suchdev, for the applicant. Mrs. P. P. Shinde, APP for the State. CORAM: V.M. KANADE, J. DATE : 16th DECEMBER, 2009 P.C.: 1. Heard the learned counsel for the applicant and the learned APP for the State. The applicant was arrested on 3-11-2009 in connection with the offences punishable under section 363, 376 read with section 34 of I.P. Code vide C. R. No. 372 of 2009. 2. Prosecution case is that applicant had helped the co- accused Adhistharaj Nadar in abducting the prosecutrix who was 15 years old. It is allege that the said co-accused had sexual intercourse with this girl who was 15 years old on the date of commission of the said offence. I have perused the statement of the prosecutrix. In her statement the prosecutrix has categorically stated that she was having affairs for about one year with said Adhisthraj Nadar and her parents used to harass and ill-treat her, therefore, she left the house on her own accord and stayed with her friend and after some time she came back to her house. She has nowhere alleged that the said Adhisthraj Nadar had kidnapped her or that she was staying with him or had sexual intercourse with him. The medical report given by - 2 - the medical officer also shows that the prosecutrix did not state that she was sexually assaulted by any one. No reference has been made by the prosecutrix about the role of the present applicant. This being the position, there is no material on record against the present applicant, in the alleged offence of kidnapping and committing rape on a minor girl. The applicant therefore, deserves to be released on bail. 3. The applicant be released on furnishing P. R. bond in the sum of Rs.5,000/- with one or two sureties in the like amount. 4. The applicant shall report to the concerned police station once in a month. Sd/- [V.M. KANADE, J.]