VINOD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Bhola Singh Patel, learned counsel for the applicant and Mrs. Poonam Sinha, learned A.G.A. appearing for the State and perused the record.

(2.) IT has been contended by the learned counsel for the applicant that as per the supplementary report of the victim, she is a major girl aged about 18 years. From a perusal of her statement under Section 164 Cr.P.C., it is apparent that she is a consenting party and she has falsely deposed against the applicant under the influence of her parents. The medical examination report of the victim does not corroborate the statement recorded under Section 164 Cr.P.C. Moreover, the F.I.R. of incident was lodged after one year of the incident on the basis of application under Section 156 (3) Cr.P.C. for which no plausible explanation has been given by the prosecution. He submits that till date only charges have been framed and no prosecution witness has been examined. The applicant has no criminal history. The applicant is in jail since 24.12.2013.

(3.) LEARNED A.G.A. opposed the prayer for bail.