1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 158 OF 2010 IN CRIMINAL APPEAL NO. 195 OF 2010 Ganesh Kashinath Khairnar ...Applicant/ Appellant Vs. The State of Maharashtra ...Respondent ----- Mr.Arfan Sait for Applicant Mrs. P.P. Bhosale - APP for State. ------ CORAM: V.M. KANADE J. DATED: 25TH MARCH, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been convicted for the offence punishable under section 511 of the Indian Penal Code and sentenced to suffer R.I. for seven years and to pay a fine of Rs.3,000/- and in default, to suffer further R.I. for two months. The Applicant is in jail since last two years, four months and twenty-five days. 1 3. The Learned Counsel for the Applicant has invited my attention to the observation of the Sessions Court in paragraph 23. He submitted that the Sessions Court has held that the offence of 376 has not been proved in view of the evidence of Dr. Mrs.Barve, who examined the prosecutrix at Civil Hospital, Nashik . The Sessions Court has observed that though the evidence of the prosecutrix and her father Rantan speaks about forcible intercourse by the accused on the minor girl that is not supported by the medical evidence. 4. In view of the said observation, in my view, the Applicant deserves to be released on bail, more particularly, since he has already undergone two years, four months and twenty-five days of sentence. The Applicant be released on bail in a sum of Rs. 5,000/- with one or two sureties in the like amount. Application is disposed of. Office to send the copy of the order to the Applicant in the jail. The Applicant's counsel shall also intimate the said order to the Applicant. (V.M. KANADE J.)