FAHIMUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S.R. Verma, learned Counsel for the applicant, Sri Ramesh Sinha, learned Counsel for the complainant and the learned A.G.A.

(2.) THE applicants has applied for bail in Case Crime No. 98 of 2005 under Sections 376 and 342 IPC P.S. Gulawathi District Bulandshahr.

(3.) ACCORDING to the X -ray report, her age was found above 18 years and no spermatozoa was found in vaginal smear. According to the supplementary medical examination report, no evidence of physical contact was found and no opinion about rape could be given. It is contended by the Counsel for the applicant that no rape was committed with the prosecutrix and no injury was seen on her person and she was above 18 years of age and no spermatozoa was found in vaginal smear and the applicant has been falsely implicated due to enmity.