DINESH Vs. STATE OF U P

JUDGEMENT

(1.) APPLICANT -Dinesh seeks bail in Case Crime No. 401 of 2012 (S.T. No. 154 of 2012), under Section 376 I.P.C., Police Station Katra, District Shahjahanpur.

(2.) HEARD learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

(3.) SUBMISSIONS have been made by the learned counsel for the applicant that the victim according to the medical opinion was aged about 19 years and the doctor who had examined her was unable to give any opinion about the alleged sexual inter -course. The allegation contained in the FIR has not been supported by her in the statement recorded 161 Cr.P.C. She did not make any allegation of rape against the applicant in the statement recorded under Section 164 Cr.P.C. It was further argued that the statement of the victim cannot be accepted on the face of it and it is very unnatural and incompatible with the normal course of human conduct. However, the version given by the victim is unsupported by medical evidence and surrounding/ mitigating circumstances belie the case set up by her. Moreover, absence of any injury or mark of violence on her body improbablises/ demolishes the story set up by the prosecution. Her conduct therefore, clearly shows that she was a consenting party. If this be so, the applicant, who is in jail since 23.11.2012, having no criminal history to his credit, deserves to be released on bail.