PREMCHANDRA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) By means of this application, applicants have prayed for quashing of the proceedings arising out of charge-sheet (No. 119 A of 2010) dated 6.6.2010 submitted in Case Crime No. 8 of 2010, under Sections 366 and 376 IPC, P.S. Bilsi, District Budaun.

(2.) It is also important to note that the prosecutrix was examined by the doctor. Statement of girl was also recorded under Section 164 Cr.P.C. In her statement recorded under Section 164 Cr.P.C. she has admitted that rape was committed against her will. On specific question being put to her as to whether she understands the meaning of rape she replied in affirmative. Doctor's statement is also on the file. Doctor has in his statement stated that there were no spermatozoa found. No definite opinion can be given about rape.

(3.) Applicants have come up before this Court for quashing of the proceedings on the ground that no offence is made out against the applicants.