1 Cri.A.No.1179.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NOS. 1179 OF 2010 IN CRIMINAL APPEAL NO. 134 OF 2010 [ Ananda @ Anant ishwat Badguar Vs. State of Maharashtra] Mr.C.R.Deshpande, Advocate for the applicant Mr. N.H.Borade, A.P.P. for the respondent/State Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders PER COURT : 1] Heard. 2] The Criminal Appeal filed by the applicant- appellant is already admitted. The appellant-applicant is convicted under sections 376 and 506 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 5000/-, in default of payment of fine he shall suffer further simple imprisonment for one year for the offence punishable under section 376 of the Indian Penal Code. The applicant is also sentenced to suffer simple imprisonment till rising of the court and to pay a fine of Rs.1000/-, in default of fine he shall suffer further simple imprisonment for three months for the offence punishable under section 506 of the Indian Penal Code. 2 Cri.A.No.1179.10 3] The applicant is seeking now bail pending the Appeal. With the help of the advocates appearing for the parties, I went through the judgment of the lower Court, as well as prosecution material that has come on record. . The prosecution case is that, the applicant age about 19 years old had committed rape on seven years old girl. Besides, bare words of prosecutrix there is practically nothing on record to show that the offence of rape was committed. In a case like this, Medical evidence assumes great importance. Fortunately, the victim was referred to number of Medical Practitioners. The third Medical Practitioner was Medical Officer of Cottage Hospital at Shirpur. He thoroughly examined her and certified that, he did not find any injury on her private part. On next day, the victim was referred to S. B. H. Medical College and Hospital at Dhule, where she was examined thoroughly by two senior doctors. Even, at that time no injury was found on her private part. Doctor of the Medical College gave detail report of their examination. They found number of abrasions on the victim’s body mainly on dorsal side. But, they did not say anything about injuries on her private part in their report. This weakness in the prosecution case, in my view should allow the applicant to get bail, pending disposal of the Appeal. I am inclined to release him 3 Cri.A.No.1179.10 on bail. The Appellant-applicant be released on bail on executing P. R. Bond of Rs.10,000/- (Rs. Ten Thousand )with one surety of like amount. Pending hearing and final disposal of the appeal impugned sentence shall stand suspended. 4] The Criminal Application stands disposed of accordingly. Sd/- DT: 08.04.2010 [A.V.NIRGUDE,J.] MTK