1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION srk CRIMINAL APPLICATION NO. 536 OF 2010 IN CRIMINAL APPEAL (L) NO. 499 OF 2010 Samad Shoibh Khan ..Applicant. v/s. The State of Maharashtra ..Respondent. .... Mr. A.V. Singh i/b Mr. Aabad H.H.Ponda for Applicant. Mrs. R.V.Newton, A.P.P. for Respondent/State. .... CORAM : V.M.KANADE, J. DATE : 22ND JULY, 2010. P.C. 1 Heard learned counsel on behalf of the Applicant and learned A.P.P. for the Respondent/State. 2 The Applicant has been convicted for the offences punishable under sections 363, 366 and 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months, one year and seven years respectively and he is directed to pay a fine of Rs.1,000/-, Rs.1,500/- and Rs.1,000/- respectively 2 and to suffer simple imprisonment for one month, two months and one month respectively, in case of default of payment of fine. 3 It is submitted that the prosecution has not established the age of the prosecutrix. It is further submitted that apart from the testimony of the prosecutrix who has stated in her evidence that she is 13 years old, there is no other material on record to establish this fact. Learned counsel submitted that trial court has accepted the oral testimony of the prosecutrix. 4 Learned A.P.P. for the State has invited my attention to birth certificate of the prosecutrix. This birth certificate was admittedly not brought on record in the trial court and it is not part of the record. Hence, it is not possible to rely on this document since it is not exhibited in the trial court. 5 Learned counsel also invited my attention to the medical certificate issued by the Police Surgeon, Police Hospital, Nagpada, Mumbai. He submitted that, in the said certificate the prosecutrix had narrated the facts of the case and therein it was mentioned that she was in love with the Applicant and that they stayed in a 3 room for one day. Taking into consideration the facts of this case, in my view, the Applicant deserves to be released on bail. 6 Applicant be released on bail on execution of Personal Bond in the sum of Rs. 5,000/- with one or two sureties in the like amount. I am informed that prosecutrix is no longer staying in Mumbai. She is staying at her native place in Uttar Pradesh. The Applicant however, shall report to concerned police station once in a month. 7 The Application is disposed of. [ V.M.KANADE, J. ]