RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sumit Goyal, learned Counsel for the applicant and learned A.G.A.

(2.) THIS application is filed by the applicant Ramesh with a prayer that he may be released on bail in case Crime No. 12 of 2005, under Section 376 I.P.C., P.S. Mirzapur, District Saharanpur.

(3.) ACCORDING to prosecution version one Smt. Sheeshwati the sister of the first informant was married in village of Banjareywala where she gave birth to a female child, but subsequently, she was deserted by her husband. Thereafter, she was re -married with the applicant about seven years prior to the alleged occurrence. The female child had also come with her mother at the house of the applicant. The female child Km. Rachna, the prosecutrix of the present case was studying in Class VIII and she was residing at the house of her maternal uncle, the first informant of this case. The mother of the prosecutrix was ailing so the applicant was called came to the house of the applicant on 14 -1 -2005 to provide assistance to her ailing mother but in the same night the applicant committed rape with the prosecutrix. On the next day the prosecutrix disclosed this fact to Smt. Sushila the niece of the first informant who is married in the same (village (sic)) of the applicant. Smt. Sushila sent a telephonic massage on the next day, and then he came in village Kasampur on 17 -1 -2005. Then he came and enquired about the matter from the prosecutrix who stated that her hands were tied by the applicant, thereafter, she was raped by the applicant. Thereafter the people of that village were collected who accused the applicant then the first informant and the prosecutrix went to police station where F.I.R. was lodged. The age of the prosecutrix is 13 years according to the F.I.R.