BABLOO Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ram Chandra Srivastava learned Counsel for the applicant, learned A.G.A. and Sri Devendra Kumar learned Counsel for the complainant.

(2.) THIS application is filed by the applicant Babloo with a prayer that he may be released on bail in case crime No. 123 of 2004, under Sections 376 and 506 I.P.C. P.S. Paschim Shareera District Kaushambi.

(3.) ACCORDING to F.I.R. version the daughter of the first informant prosecutrix Km. Sangeeta had gone to attend the call of nature on 30 -9 -2004 at about 8.00 p.m. out side the village abadi where she was over powered by the applicant and two other accused persons and she was taken away to a lonely place where they committed rape by force. The prosecutrix came to her house and disclosed the facts to her mother. The prosecutrix was raped on 13 -8 -2004 also by the applicant and other. In that case also the criminal proceedings were initiated. A threat was extended to the prosecutrix as no action was taken against the accused persons in respect of the alleged occurrence dated 13 -8 - 2004, no action will be taken up against the co -accused persons in the present case also. The prosecutrix was also medically examined on 2 -10 -2004 at 8.00 a.m. at District Women Hospital, Allahabad. The medical examination report of the prosecutrix shows that the hymen was torn at 4 O'clock position and bleeding was present there, and in the vagina only one finger was admitting with a difficulty. The age of the prosecutrix was about 18 years and according to opinion of the Doctor injury on the private part of the body of the prosecutrix was caused by some blunt object and no opinion about rape could be given.