The High Court of Bombay rejected a bail application by an accused charged with rape of a 3-year-old girl, noting the presence of semen on the victim's clothing constituted a serious offence making the applicant unfit for bail.
Bail granted to the applicant was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL APPLICATION NO.1529 OF 2006
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Office Notes, Office
Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders
or directions and
Registrar’s orders
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Mr.S.V.Marwadi i/by Vikramsingh V.
Yadav for the applicant.
Mr.Rajesh More APP for the State.
Coram : R.S.Mohite,J
Date : 13.6.2006.
PC
1. This is an application for
grant of bail. The applicant is
shown as an accused in
C.R.No.112/2005 registered by
the Bhandup police station. The
applicant is alleged to have
raped on child aged 3 years.
The complaint is filed by the
mother of the victim by name
Rehana who claims to have seen
the entire incident. It is true
that the hymen of the girl was
found intact and no injury was
found on her private part.
However, record indicates that
seman was found on the underwear
of the girl and on nicker of the
: 2 :
accused. There is a material to
indicate the commission of a
serious offence. In the
circumstances, not a fit case to
grant bail. Rejected.
(R.S.Mohite,J)
1 issue framed by the court
Whether bail is maintainable in a rape case involving a 3-year-old child where semen is found on the victim's underwear.
S.V. Marwadi
State
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court