Shyam Bhaskar Badme vs. The State Of Maharashtra

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.829 OF 2008 IN CRIMINAL APPEAL NO.716 OF 2008 Shyam Bhaskar Badme )..Applicant Versus The State of Maharashtra & Anr. )..Respondents ---- Mrs.Anjali Patil for the applicant. Mr.A.S.Shitole APP for the State. Coram : R.S.Mohite,J Date : 26.9.2008 PC This is an application for grant of bail. The applicant has been convicted for an offence punishable under Section 376 of IPC and sentenced to undergo RI for 7 years. I have perused the R & P. I find that the girl in question was a retarded girl. She has immediately disclosed the offence to her mother. C.A. report shows semen in vaginal smear as well as in the vulval swabs. Semen is also detected on the clothes of the victim. Semen belonged to 'O' group which is the group of the accused. The group of the victim is 'A' and her blood is also detected on the clothes. Though the matter has been admitted, the girl being retarded, in my view, this is not a fit case to grant of bail. Application is therefore, rejected. However, hearing of the appeal is expedited. R & P to be sent back immediately for preparation of paper book. Liberty to apply for early date of hearing after receipt of paper book. (R.S.Mohite,J)