NOOR MOHAMMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant, learned A.G.A. And Sri V.P. Gupta learned counsel for the complainant.

(2.) It is submitted by learned counsel for the applicant that in the present case the F.I.R. has been lodged by Smt. Takabul under Sec. 376/511 I.P.C. in case Crime No. 154 of 2005 P.S. Didoli District J.P. Nagar on the basis of the allegations that on 5.3.2005 between 5 to 6.30 P.M., the .applicant committed rape with Km. Guleshna, the daughter of the first informant. Its F.I.R. was lodged on 8.3.2005 at 11.45 P.M. The distance of the police station was 3 Km. from the alleged place of occurrence. The medical examination report shows that the age of the prosecutrix was below 10 years and there was injury on her private part because hymen was lacerated and there was a bleeding and the garments of the prosecutrix were blood stained . The prosecutrix is minor girl. There is clear evidence of the rape and it cannot be said that there was an attempt to commit the rape and in such a case the delay of 3 days' in lodging the F.I.R. will have adversely affect the prosecution version.

(3.) In view of the facts and circumstances of the case and the submissions made by the counsel for the parties the applicant is not entitled to be released on bail.