1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1204 OF 2008 IN CRIMINAL APPEAL NO.1109 OF 2008 Mr. Hemant Raghunath Ghare ..... Applicant. V/s State of Maharashtra (at the instance of Ghoti Police Station, Dist. Nashik) ..... Respondent. ---- Mr. S.K. Shinde with Mr. Sagar Kasar for the applicant. Mr. S.S. Pednekar, APP for the State. ----- CORAM: V.M. KANADE, J. DATE : 3rd December, 2008 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant is convicted for the offence punishable under section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years. 3. Prosecution case is that the prosecutrix was about 14 years of age and the applicant had seduced her and took her away and had sexual intercourse with her for a period of 15 days. 4. Counsel appearing on behalf of the applicant submits that the prosecutrix had eloped with the applicant and had given 2 her consent and, therefore, no offence was made out under section 376 of the Indian Penal Code. He submitted that there was some discrepancy about school leaving record produced by the prosecution. He submitted that the ossification test also indicates that her age was between 15 to 16 years. He relied upon the judgment of the Apex Court in the case of S. Vardarajan v. State of Madras reported in AIR 1965 SC 942 wherein the Apex Court has held that though the girl is below 16 years of age, if she has reached the age of understanding, benefit of doubt should be given to the accused. 5. In view of the facts and circumstances of this case, in my view, applicant has made out a case for grant of bail. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to Ghoti Police Station once in a month. 6. Application is disposed of. (V.M. KANADE, J.) 3