1 Criminal Application No.1789/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1789 OF 2011 Mahesh s/o Babruwan Koli ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri U.K. Patil, Advocate for applicant Shri K.S. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 4th May, 2011 PER COURT : 1. Heard finally. 2. The accused/ applicant, 26 years old, eloped, enticed and allured 14 years old girl, carried her to several places and had sex with her. The F.I.R. though illustrate that she moved at occasions freely, however, that by itself would not give a licence to the accused/ applicant to sexually abuse her and particularly since she was a minor at the material time, aged 14 years. This has been so certified even by medical officer. The traces of having not seen marks of violence has no bearing as the medical examination was belatedly carried. Even if it was a consensual sex, it could not be so done. 2 Criminal Application No.1789/2011 3. Five months custody or filing of charge sheet is not a parameter in the manner in which the accused/ applicant enticed the minor and created unsecured feelings in vicinity. However, considering the age and the volume of witnesses, learned Sessions Judge seized with the matter shall endeavour to dispose of the Sessions Case up to 31st December 2011. Application rejected, finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri1789.11