1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3349 OF 2009 Sandeep S/o Bhujang Khandare Versus The State of Maharashtra and another *** Mr. M. R. Jamdhade, Advocate for the Applicant. Mr. V. D. Godbharle, A.P.P. for the Respondent / State. *** CORAM: K. U. CHANDIWAL, J. DATED: 7th OCTOBER, 2009. 1. The accused in custody from eleven months, has urged for liberty by exercising of powers in terms of section 439 of Criminal Procedure Code, with any stipulation of condition. 2. Earlier identical approach has been disallowed vide Criminal Application NO;167 of 2009 by this Court. 3. In a barbaric manner the event has taken place with a 14 years old girl known to the accused. When she was alone, went for attending natures call, the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. activities of indulging in sexual abuse has taken place. The main role is played by the accused. This has been stated by the victim in her statement recorded on the same day. 4. The victim could not bear the brunt of carnage which has happened with her character, image and prestige. She ultimately committed suicide for which again there was a prosecution. The contention that the C.A. report does not support the prosecution or that the medical officer has said that no opinion can be given for sexual abuse is, at this stage, immaterial considering the yawning gap between the event and the victim committing suicide the victim has received injuries on the date of the incident. Application rejected. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:07/10/2009. ans/3349