JUDGMENT Ravindra Singh, J.
1. Heard Sri I.M. Khan, learned counsel for the applicant and the learned A.G.A.
2. This application is filed by the applicant Farrookh with the prayer that he may be released on bail in Case Crime No. 109 of 2005 under Sections 376, 511 I.P.C. P.S. Kotwali district Rampur.
3. From the perusal of the record it reveals that in the present case F.I.R. was lodged by one Aslam against the applicant on 21.3.2005 at 5.55 P.M. in respect of the incident which had occurred 1 on 21.3.2005 at about 3.30 P.M.
4. According to prosecution version, the applicant is the neighbour of the first informant. The allegation against him is that prosecutrix Km. Naurina alias Nagina aged about 6 years had gone to the house of the applicant to give food. After about one hours the first informant heard the shriekes of the prosecutrix then the first informant and other went at the place of occurrence and saw that the applicant was making attempt to commit rape with the prosecutrix and the trouser of the prosecutrix was lying there but the applicant successfully escaped from the place of occurrence. The prosecutrix was taken to the police station and an F.I.R. was lodged. According to the medical examination report the prosecutrix was medically examined on 21.3.2005 at 7 P.M. No injury was seen on the external part of the body of the prosecutrix but on internal examination it was found that there was redness at the vagina but hymen was intact. Vaginal smear was taken and sent for examination. The report of the Pathologist shows that few dead spermatozoa were seen in the vaginal smear. Few epithelian cells were seen in the vagina smear and according to the medical examination report the age of the prosecutrix was about 7 years and according to the opinion of the doctor there was finding of making, an attempt to commit rape but penetration was not done.
5. It is contended by the learned counsel for the applicant that the applicant was also medically examined on 22.3.2005 at 0.15 A.M. According to medical examination report the smell of alcohol was present from his mouth and two bruise were on left hip. No injury was seen on the penis and no spot of its discharge on his payjama
6. sIt is submitted that even upon prosecution version the rape was not committed by the applicant and the story of rape is not supported by the medical evidence. At the most it can be said that the applicant has committed offence punishable under Section 354 I.P.C.
7. It is opposed by the learned A.G.A. by submitting that in the present case the age of the prosecutrix is about 7 years. She is a minor girl and about medical examination report there was redness in vagina, few dead spermatozoa and few epithelian cells were seen in the vagina smears. It shows that the applicant committed rape.
8. Considering the facts and circumstance of the case and the submission made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is not entitled for bail at this stage.
9. Accordingly this bail application is rejected