In a bail application, the court dismissed the request for release of an accused charged with rape of a 15-year-old girl, rejecting the ground of lack of medical evidence but ordering expeditious disposal by the end of August 2011.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.4801 OF 2010
Dipak S/o Nathu Kalner .. Applicant
V/s
State of Maharashtra .. Respondent
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Mr.P.S.Koshti Advocate h/f Mrs.Sadhana Jadhav for
the applicant.
Mr.V.H.Dighe, A.P.P. for State/Respondent
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(CORAM : K.U.CHANDIWAL, J. )
Dated :24th January 2011
PER COURT :
1. Heard. 15 years old girl having born on
12/05/1995allegedlywasenticedbythe
accused/applicant a already married person, under
promise to marry her, raped her by carrying to distant
places, carried in a lodge and ravished her. The
victim was in the company of her cousin who was also
by other associates of accused had the sex.
2. Counsel submits, accused is under custody from
July 2010, chargesheet is filed. She submits, there is
no medical examination of the victim and hence seeks
bail.
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3. The nature of accusations portray that accused
knew the victim to be a minor, inspite of his status
to be married person, carried her, enticed with
allurement and promise, ravished her. The primary
evidence does not call for release of the accused on
bail. The ground of inhibition of medical evidence is
not paramount as the same would be explained by the
prosecution at proper place and time. Several
witnesses have explained sequence of events with
victim. The application lacks merit, dismissed.
4. However, since the accused/applicant is in
custody from 31st July 2010, also a youth, the learned
Sessions Judge seized with the matter shall ensure
expeditious disposal, preferably by the end of 31st
August, 2011.
(K.U.CHANDIWAL )
JUDGE
dsp/Crapl.4801.10
Dipak S/o Nathu Kalner
State of Maharashtra
K.U.CHANDIWAL
As recorded by the court registry
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