7. cri apeal 323-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 323 OF 2017
Shivanand Mallappa Koli .. Appellant
Versus
The State of Maharashtra .. Respondent
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Appearances
Mr. Jaydeep D. Mane Advocate for the Appellant
Mr. H.J. Dedia APP for the State
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CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : APRIL 18, 2017.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
1. This appeal is preferred by the appellant against the order dated 13.2.2017 passed by the Special Judge, Solapur below Exh. 4 in Special Case No. 28 of 2016. By the said order, the application of the appellant for bail came to be rejected, hence, this appeal.
2. It is the prosecution case that the appellant committed rape on the victim girl who was eight years of age at the jfoanz vkacsjdj 1 of 3 ::: Uploaded on - 19/04/2017 ::: Downloaded on - 20/04/2017 00:52:27 :::
7. cri apeal 323-17.doc time of the incident. Learned counsel for the appellant submitted that the medical evidence is not consistent with the case of rape.
3. We have perused the medical reports. The reports clearly show old hymen tear 10 o'clock and 5 o'clock position and it specifically states that the overall findings are consistent with sexual intercourse. Learned counsel for the appellant tried to make capital of the fact that the medical reports show old hymen tear. He contended that this shows that there is no case of recent rape. As far as this contention is concerned, the FIR shows that the appellant had committed rape on the victim girl about four times on four different occasions, hence, there is bound to be old hymen tear and the medical reports would not show fresh hymen tear. As stated earlier, medical reports show that the overall findings are consistent with sexual intercourse. In addition, it the case of the victim girl that the appellant used to put his penis in her mouth.
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7. cri apeal 323-17.doc
4. Learned counsel for the appellant submitted that the appellant is a young boy who is 19 years of age and if he is kept in jail in the company of hardened criminals, it would spoil his life. We are not inclined to accept this submission. The appellant has repeatedly committed rape on a girl who was hardly eight years of age. Looking to this fact, we do not think that this is a fit case to grant bail to the appellant. The appeal is dismissed.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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