FAROOKH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri I.M. Khan, learned Counsel for the applicant and the learned AGA.

(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, IPC P.S. Kotwali District Rampur.

(3.) 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.