RAJU LAKHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajul Bhargawa learned counsel for the applicant, and the learned A.G.A.

(2.) The applicant has applied for bail in Case Crime No. 36 of 2005 under Section 376 I.P.C. P.S. Kaimpiyarganj District Gorakhpur.

(3.) From the perusal of the record, it appears that in the present case, the occurrence has taken on 6.3.2005 at about 5. 00 P.M. Its F.I.R. was lodged on 7.3.2005 at 5.30 P.M. by the prosecutrix Km. Abida Khatoon. The prosecutrix is aged about 13 years. At the time of the alleged occurrence, she came out from the house of one Raju after meeting with her wife. She was caught hold by the applicant. The protest was made by the prosecutrix and by the wife of the applicant but the co-accused Sanjay pushed out her and the prosecutrix was taken into room where the applicant and other co-accused Sanjai tied up her hands by her blows with the cot and they committed the rape with her. At the hue and cry, the brother of the prosecutrix and some other persons came at the place of occurrence, they opened the room, at that time, the applicant was committing rape with the prosecutrix. The applicant and co-accused Sanjai ran away from the place of occurrence. The F.I.R. was lodged by the prosecutrix herself.