Shivanand Mallappa Koli vs The State Of Maharashtra
2017 Latest Caselaw 1815 Bom

                                                                                  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

                                                  ...................
            Appearances
            Mr. Jaydeep D. Mane Advocate for the Appellant
            Mr. H.J. Dedia      APP for the State
                                                   ...................



                              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

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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.

jfoanz vkacsjdj                                                                   2 of 3



                                                             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. ]




jfoanz vkacsjdj                                                          3 of 3