/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 950 OF 2008 IN CRIMINAL APPEAL NO.855 OF 2008 Kalu Tanaji Ahire ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri U.U. Purwant for Applicant Shri D.P. Adsule APP for State ---- CORAM: V.M. KANADE J. DATED 22ND OCTOBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for State. The Applicant has been convicted under section 376 r/w. 511 of the Indian Penal Code and sentenced to suffer R.I. for five years. The Applicant is in jail since July, 2008. 2. The prosecution case is that the Applicant had committed rape on Sheetal, a minor girl of 6 years at the time of the alleged offence. 3. The prosecution case is that the Prosecutrix went to answer the call of nature at the distance of 10 to 12 ft. from her house, the Applicant had attempted to commit rape on her. The Trial Court, however, on the basis of the medical evidence came to the conclusion that there was attempt to commit rape, therefore, the Applicant has been convicted for the aforesaid / 2 / offence. 4. The learned Counsel for the Applicant submits that admittedly there is a dispute between the Prosectrix's father and grandfather on the one side and the Applicant on the other for at least last 2/3 years prior to the incident. The Applicant had been assaulted by the father and grand-father of the Prosecutrix and he had filed a criminal case agaisnt them. He invited my attention to the cross-examination of the Prosecutrix, where she had stated that Gambir Pawar and grand-father had asked her to narrate the facts to the police as disclosed by them and hence she had narrated the incident to the police as told by her father and grand-father. She had also admitted that there was a dispute between the Applicant and her grand-father in respect of the property. The learned Counsel for the Applicant has also invited my attention to the cross-examination of the DW-5 Dr. Bhimrao, who has admitted that several alterations were made in the medical report in Exhibit '48'. He has admitted that in respect of observations of “Labia majora minora are under develope” and the word 'inflamed' is scored by him as appearing in MLC register He has also stated that the words 'signs of performed' appearing in Exhibit 48 is scored by him. He has admitted that there is overwriting of the date '29th' as given in the MLC register. He has also stated that the word “semen” in Exhibit 48 is subsequently added by him. He has / 3 / however, stated that this was done at the very time when it was written. Taking into consideration the fact that the previous enmity between the Applicant and grand-father of the Prosecutrix and the fact that the MLC register in Exhibit 48 has been altered by PW-5. The Applicant has made out the case for grant of bail. Further the appeal is not likely to come up for hearing for quite some time. 5. Under these circumstances, the Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. Applicant shall report to Malegaon Taluka Police Station twice in a month. V.M. KANADE J.