Heard learned counsel for the applicant, the learned Additional Government Advocate, perused the F.I.R., the medical report, statement of the prosecutrix recorded under section 161 Cr.P.C. and other relevant papers.
Submission of the learned counsel for the applicant is that according to the medical report no definite opinion regarding rape could be given and the age of the prosecutrix is above 18 years. It is further submitted that in the F.I.R., which was lodged by mother of prosecutrix, after she being informed by the prosecutrix, the allegation is that two persons raped the prosecutrix, including the peresent applicant. It is further submitted by learned counsel for the applicant that the prosecutrix changed her version in her statement recorded under section 161 Cr.P.C. and stated therein that the accused-applicant raped her. She did not name any other person to have committed rape on her. Learned counsel for the applicant submits that it creates doubt on the prosecution version. The applicant is in jail since 11.11.2009, as averred in para 15 and is not a previous convict, as averred in para 14 of the application. Considering the facts and circumstance of the case, let the applicant be released on bail in case Crime No.696 of 2009 under sections 376, 504, 506 I.P.C. and section 3(2)(5) S.C.S.T.Act, P.S.Pali, District Hardoi on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand Magistrate.
Order Date :- 1.2.2010 kvg/-