SHASHIKANT KUNDLIK JADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Joshi the learned counsel for the applicant and Mr. Adsule the learned APP for the State.

(2.) THE applicant was convicted for the offence punishable under Section 376 of the I. P. C. and was sentenced to undergo R. I. for 7 years and to pay fine of Rs. 5,000/ -. He was also convicted under Section 363 of the I. P. C. and was sentenced to undergo R. I. for 3 years. He has preferred appeal against the conviction and sentence. Appeal is admitted.

(3.) PENDING the appeal, the applicant seeks to be released on bail. The applicant was on bail during the trial. Report of the incident was lodged about 3 months after the incident and on several occasions, the prosecutrix and the accused had sexual relations during the said period of three months. There is discrepancy about the age of the prosecutrix. According to the prosecutrix she was less than 16 years while according to the Ossification Test, she was 18 or 19 years old.