..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.325 OF 2008 IN CRIMINAL APPEAL NO.273 OF 2008 Hanumant Sabanna Malbari. ..Applicant. Versus State of Maharashtra and Anr. ..Respondents. .... Mr.Rishi Bhuta, Adv. for the Applicant. Mr.Y.S.Shinde, APP, for the Respondents-State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 5th June, 2008. DATED : 5th June, 2008. DATED : 5th June, 2008. P.C.: 1. Heard the learned Counsel for the Applicant-orig.accused and the learned APP for the State. 2. The applicant-orig.accused has been convicted mainly under Sections 376(2)(g) and 452 of IPC. The applicant is now seeking bail. 3. The prosecutrix has clearly implicated the present applicant. She has stated that the applicant alongwith one other person came to her house at night. The other person stood next to her husband and obstructed him from coming to the aid of the prosecutrix while she was being raped by the present applicant. The C.A. report corroborates the prosecutrix. ..(2).. 4. The learned Counsel for the applicant has contended that the case cannot be said to fall under Section 376(2)(g) i.e. gang rape as even assuming that the prosecution case is true only one person has committed rape on the prosecutrix. However, if the provisions of the Section 376(2)(g) and the explanation thereto are perused, it is clear that this is a case of gang rape even though one person had committed forcible sexual intercourse on the prosecutrix. The said explanation is as under : Explanation 1.-- Explanation 1.-- Explanation 1.-- "Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section." 5. Looking to the evidence on record, I do not think that this is a fit case to grant bail to the applicant. Application for bail is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)