:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.729 OF 2008 IN CRIMINAL APPEAL NO.587 OF 2008 Sandeep Vishnu Pawar. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.Rajesh S.Datar for the Applicant. Ms.Apa Jhaveri, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 19th September, 2008 PC : 1. Heard both sides. 2. This is an application for grant of bail. I have perused the record and proceeding. The applicant has been convicted for an offence U/s.376 of the I.P.C. and has been sentenced to under go imprisonment for a period of five years. The prosecution case is that prosecutrix was a married lady of about 50 years and the accused was young boy of aged about 25 years, at the time of the incident. On perusing the record, I find that there are certain discrepancies. The prosecutrix talks about the rape committed by the accused twice in immediate succession. The police have recorded the confession statement of the accused which talks about sexual intercourse only once. No semen have been found on the person of the accused or the prosecutrix. Though one semen spot had been found on :2: the underwear of the accused, his clothes were seized on the next day. He is young boy of 25 years. There is possibility that conviction may be reduce to an attempt because Doctor does not specifically state that medical evidence proved the intercourse. No injuries were found on the person of the prosecutrix. There are suggestions of rivalxy. Taking into account, all the aforesaid facts and the fact that the accused is in custody since 4.8.2006 i.e. for the period of more than 2 years, I am inclined to grant bail to the applicant. It is therefore, directed that pending hearing and final disposal of the appeal, the applicant may be released on bail in the sum of Rs.10,000/- with one surety in the like amount subject to condition that he will report to the Dapoli Police Station once in fortnight on every first and third Monday of each month till the disposal of the appeal on merits. Application is disposed off. ( R.S. MOHITE,J.) :3: