PRABHAKAR SONAJI WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned senior counsel for the applicant i.e. original accused and the learned A.P.P. for the State.

(2.) THE applicant is seeking bail. The applicant has been convicted under Section 376C of IPC for committing rape on P.W.1 Deepali. Mr. Chitnis submitted that the applicant is aged 63 years. Moreover, the applicant was on bail during the trial and he has not misused the liberty granted to him. This statement is not controverted on behalf of the prosecution.

(3.) MR. Chitnis further submitted that it is the prosecution case that the applicant was a trustee of the hostel where the prosecutrix was an inmate and the applicant committed rape on the prosecutrix during the period of Ganpati and Navratri� festivals of the year 2003 and on 29.2.2004. Mr. Chitnis has submitted that the learned Sessions Judge framed the point for determination as to whether the applicant was trustee of the hostel and whether he had committed rape on the prosecutrix during the Ganpati and Navratri� festivals of 2003 and thereafter on 29.2.2004. The said points have been answered in the affirmative by the learned Sessions Judge. Mr. Chitnis, submitted that however there is no evidence to show that the applicant was a Superintendent/Manager/Trustee of the hostel. Section 376C of the IPC reads as under: