LALYA, RAMESH ANANT JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application has been filed for bail by the applicant-accused who is facing charge of rape under section 367 IPC on a minor girl of 2 and 1/2 years age. The victim and the applicant were the neighbours and according to the prosecution the applicant had taken the girl out for offering her Pepsi. When he came back with the victim, the minor girl was crying and blood was seen on her clothes and, therefore, a complaint came to be lodged against the accused-applicant who was arrested on 12th June 1996.

(2.) The applicant had also applied for bail in the court of Additional Session Judge, Thane by filing Criminal Bail Application No.1210 of 1996 which came to be rejected by that court on 1st July 1996.

(3.) Although the title of this application shows the accused to be 15 years old, Mr.Katikar, learned counsel appearing on behalf of the applicant accused has produced a xerox copy of the school leaving certificate in respect of the age of accused which shows his birth date to be 9/10/1977. According to the said certificate the accused is above 18 years of age. Mr.Katikar submits that the accused has no criminal background and his antecedents are good. This is for the first time that he has committed an offence.