1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3123 /2009 ( Pandit Santosh Raut vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr V J Dharkar Adv. for applicant Mr. D P Thakare APP for Respondent-State C ORAM : A.P. BHANGALE, J. DATED : 10 th September, 2009. 1. Heard counsel for respective parties. 2. The applicant prays for grant of bail in respect of Crime No. 261/2008 reported at Risod Police Station, Dist.Washim, for offence punishable u/ss. 363, 366A , 376 read with Section 34 of the Indian Penal Code. It appears that earlier, the applicant had moved the learned Additional Sessions Judge-I Washim, who rejected the plea for bail on 8.5.2009, by a well-reasoned order. 3. Learned Advocate for the applicant placed reliance upon the decision in S Varadarajan vs. State of Madras reported in AIR 1965 SC 942 to argue that when the girl who though a minor had attained the age of discretion and is on the verge of attaining majority and is a senior college student from the house of the relative of the father where she is kept, herself telephones the accused to meet him and finding him waiting with his car gets into that car of her own accord, and the accused takes her to various places and ultimately to the Sub-Registrar’s office where they get an agreement to marry registered, under these circumstances the Apex Court observed that no offence u/s 363 was established against the accused and said set side the conviction and sentence passed against the appellant/accused therein. 4. Learned APP invited my attention to the statement of the 2 prosecutrix-victim girl, aged about 14 years, whose statement has been recorded in details, reflecting aggressive behaviour on the part of the applicant as also the acts of rape committed upon her. Learned APP also invited my attention to the date of birth certificate issued by victim’s School indicating that victim was born on 22nd August 1994. Under these circumstances, there appears prima facie case against the applicant involving him for offence punishable under section 376, 366 of the IPC, which may attract long sentence of imprisonment, at the conclusion of the trial. In the facts and circumstances, if the applicant is released on bail, at this stage, he may tamper with the prosecution evidence or abscond. This Court is informed that the charge-sheet is already filed in the matter. Be that as it may; we expect the trial Court to hear the Sessions trial as expeditiously as possible. Application is rejected. JUDGE. sahare