[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2718 OF 2008 Yasin Chandso Kamate ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.H.S.Venegavkar Advocate for Applicant Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 10, 2008 DATE : SEPTEMBER 10, 2008 DATE : SEPTEMBER 10, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.35 of 2008 of Kurundwad Police Station. The said case is mainly under Sections 363 and 376 of IPC. 3. The prosecutrix was about 15 years of age at the time of the incident. The case of the prosecutrix is that the applicant was known to her. On the day of the incident, the applicant made her sit on cycle. Thereafter, he took her to some room behind the factory. The room was closed. The [-2-] applicant made the prosecutrix stand outside the room. Thereafter, he climbed into the room and entered the room, unlocked the door from inside. Then he took the prosecutrix into the room and closed the room. It is the case of the prosecutrix that he had forcible sexual intercourse with her in the said room. Thereafter the prosecutrix remained in the room till the morning. In the morning the applicant as well as the prosecutrix went walking to Kurundwad village. Thereafter, they went to Nrushiwadi. They took a room in a lodge and they stayed there. On the next day, they again went to Gurudatta factory where applicant Yasin took money from the Mukadam. Thereafter, the applicant and prosecutrix went back to Kurundwad and from there to Nrushiwadi. The friends of the applicant then convinced the prosecutrix and the applicant and thereafter the prosecutrix was handed over into the custody of her father. 4. It is the case of the prosecutrix that she was taken by the applicant on a cycle. It is seen that the prosecutrix has not made any attempt to escape nor has she made any attempt to escape when the applicant climbed into the room and opened the door [-3-] from inside and took her into the room. All the time the prosecutrix remained mutely standing outside the room. It is also a fact that she accompanied the applicant to various places and at no point of time, she had made any attempt to escape or to seek any help from anybody. The material on record prima facie, leads to a conclusion that it is the case of consent. However, the fact remains that the prosecutrix was below 16 years of age at the time of the incident. In the present case, the investigation is over and the charge sheet has been filed. The applicant is a young boy of 19 years. Besides the present case, he has a clean record. It is not the prosecution case that the applicant is likely to abscond and will not be available for trial. Looking to all these facts, I am inclined to grant bail. 5. The applicant-Yasin Chandso Kamate be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Kurundwad Police Station, once in a month till conclusion of trial. 6. Application is disposed of. [-4-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]