1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.295 OF 2010 In CRIMINAL APPEAL NO.871 OF 2009 Rajkumar Maruti Ileke : Applicant (Orig.Accused no.1) V/s. The State of Maharashtra : Respondent .... Mr.Ganesh Gole for the applicant. Ms P.P. Shinde, Addl. Public Prosecutor for the State. ... CORAM : B.R. GAVAI, J. DATE : MARCH 05, 2010. P.C.: This is an application for bail. 2. The applicant has been convicted for an offence punishable under sections 376 and 506 of the I.P.C. and sentenced to suffer R.I. for a period of seven years. 3. The conviction is mainly based on the evidence of the prosecutrix. From the evidence of the prosecutrix, it could be seen that though according to her, the incident has occurred on 30.11.2007, she initially 2 lodged a complaint regarding outraging her modesty on 3.12.2007. However, on the basis of her supplementary statement recorded on 6.12.2007, an offence under section 376 came to be added . No doubt, the conviction could be based on sole testimony of the prosecutrix, if her evidence is found to be cogent, trustworthy and reliable. 4. However, in the present case, it could be seen that though it is the case of the prosecutrix regarding possible intercourse against her wishes, at least prima facie, the medical evidence does not corroborate her version. The medical evidence does not show any injury on the person of the prosecutrix. The evidence of the medical expert, on the contrary, states that the vagina of the prosecutrix shows that she was used to habitual intercourse and further there was no sign of intercourse in the recent time. 5. In that view of the matter and further noticing that the applicant has undergone sentence of about two years and three months, I am inclined to allow this application. 6. The applicant (original accused no.1) is directed to be released on bail on furnishing a bail bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) with one or two sureties in the like amount. 3 Criminal Application stands disposed of. B. R. GAVAI, J.