1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5587 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra. ..Applicant. v/s. Vinod Santosh Shirsat & ors. ..Respondents. Mr.Rajesh More, APP for Applicant. Ms. Leena Patil i/b. M.S.Karnik for Respondent No.2 Mr.V.V.Purwant for Respondent No.3. CORAM:- SWATANTER KUMAR,CJ. AND A.M.KHANWILKAR, J DATED :- DECEMBER 11, 2009. P.C.: 1. We have heard learned Counsel appearing for the State. The main contention raised before us is that it was the minor girl who was raped and the medical evidence, that is the report prepared by the Medical Board of J.J.Hospital at Bombay, has not been considered by the Trial Court. This document was even admitted on behalf of the Accused. Thus, there is patent error of law and appreciation of evidence in the impugned judgment. Be 2 that as it may, we find it sufficient reason to grant leave to State to file an Appeal against the Judgment dated 6th October, 2009. Consequently, the Application No.5587 of 2009 is allowed. Leave to file appeal is granted. 2. Leave to amend the appeal is granted. Amendment be carried out within four weeks. 3. Appeal admitted. Action under section 390 be proceeded with. 4. All the accused are present. Vide our order dated 3rd December, 2009 passed in Writ Petition No.1420 of 2008, they were ordered to be released on bail subject to their furnishing security in the sum of Rs.10,000/-(Rs. Ten Thousand only) each to the satisfaction of the Registrar(Judicial-I), High Court, Mumbai. Let them furnish such bond today positively with one surety in like amount to the satisfaction of Registrar(Judicial-I), High Court, Mumbai and/or the Magistrate having jurisdiction. CHIEF JUSTICE A.M.KHANWILKAR, J