RAJABARI Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri Chauhan Keshwar Singh learned Counsel for the applicant, learned A. G. A. and Sri Dharmendra 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 Section 376 and 506 I. P. C. P. S. Paschim Shareera District Kaushambi.

(3.) IT is contended by the learned Counsel for the applicant that there is difference in the present medical examination report dated 2-10-2004 and the medical examination report dated 27-8-2004 which was done in respect of the occurrence dated 23-8-2004, because in the medical examination report dated 27-8-2004 the weight of the prosecutrix was mentioned as 20 kg and number of teeth was 15 x 15 and height of the prosecutrix was 5'-2", but in the present medical examination report dated 2-10-2004 the weight of the prosecutrix is mentioned as 34 kg and the number of teeth is mentioned as 14" x 14". The height is mentioned as 4'-8". In such circumstances no reliance can be placed on the medical examination report dated 2-10-2004. IT is further contended that the F. I. R. is delayed without any explanation and the applicant has been falsely implicated due to ill will of the first informant and there is no independent witness to support the prosecution story.