Cri. Apln. No. 2477/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2477 OF 2011 Bibhishan s/o. Bhagwan Dharvase ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. P.B. Rakhunde, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 30th June, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 3/2011 registered with Bhoom Police Station, District Osmanabad for offences punishable under section 376, 354 etc. of the Indian Penal Code. The APP has made papers of investigation available. Both the sides are heard. 2. The crime is registered on the basis of report given by mother of the prosecutrix. The prosecutrix is about 23 years old. She is mentally retarded person. Police could not record her statement, but police have collected material that some persons like Jabbar Pathan and Badshaha Sayyed had seen the accused lying on the person of the girl and she was shouting. By making signs she disclosed the incident to her parents and after that the report came to be given. The prosecutrix was taken to a lonely place by the accused and this offence was committed. The doctor Cri. Apln. No. 2477/11 2 has given opinion that there is possibility that sexual intercourse was done and there was sticky white discharge present on the private part of the girl. There was injury like abrasion over right hand, which was fresh. The medical certificate in respect of the accused, who is shown as 66 years old, shows that he is capable to have sexual intercourse. Thus, there are serious allegations against the accused that he did the heinous act against the mentally retarded girl. The witnesses are said to be relatives of the accused and so there is possibility of tampering with the prosecution witnesses. 3. The advocate of the applicant submitted that there is political rivalry between applicant and his relatives and so he is falsely implicated in this case. At this stage no such inference can be drawn as no mother will involve her own girl in such a case. So the application cannot be allowed. Application is rejected. The observations made in this order are only for the purpose of this proceedings and they will not come in the way of Trial Court while deciding the case. [ T. V. NALAWADE, J.] ssc/criapln2477/11