ALIM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Jitan Tiwari, Sri B.B. Shukla and Sri P.C. Srivastava learned Counsel for the applicant, learned A.G.A. and Sri Tahabin Islam learned Counsel for the complainant.

(2.) THIS application is filed by the applicant, Alim with a prayer that he may be released on bail in case Crime No. 501 of 2005, under Sections 376 and 506, I.P.C. P.S. Gajraula, District J.P. Nagar.

(3.) ACCORDING to the prosecution version the family of the first informant is earns its livelihood by way of doing labour. On the date of the alleged occurrence the prosecutrix and Smt. Gulshan had gone to the field of the applicant to do the agricultural work at about 8.00 a.m. but Smt. Gulshan was sent by the applicant to Bharat Hotel to attend the call of telephone, so the prosecutrix remained alone in the field where she was raped by the applicant at about 3.00 p.m. The rape was committed by the applicant by using the force and he extended a threat of committing her murder in case any F.I.R. was lodged by her.