SANJU ALIAS SANJEEV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V.P. Srivastava learned Counsel for the applicant and learned A.G.A.

(2.) THIS application is filed by the applicant with a prayer that he may be released on bail in case crime No. 32/221 of 2003 (S.T. No. 872 of 2003) under Section 376 I.P.C., P.S. Inchauli, Meerut.

(3.) IT is contended by the learned Counsel for the applicant that the prosecutrix is a mentally retarded girl. Even she was not in a position to disclose the name of the applicant. But when she was interrogated she gave reply by way of giving some indications showing the involvement of the applicant. On this indication it cannot be definitely said that the applicant had committed rape with the prosecutrix. It is further contended that the F.I.R. is delayed by two days and there is not plausible explanation in lodging the F.I.R. It is further contended that the applicant is minor. His date of birth is 1 -8 -1988. On the date of alleged occurrence he was aged about 15 years, therefore, he is entitled for bail.