RAJU Vs. STATE OF U P

JUDGEMENT

(1.) This application is filed by the applicant Raju and Mukesh with a prayer that they may be released on bail in case crime No. 63931040084 of 2004 (S.T. No. 525 of 2004) under Sections 376, 366A, 342 and 506 I.P.C. P.S. Kotwali City district Etah.

(2.) According to the prosecution version the alleged occurrence has taken place on 11.3.2004 at about 8 p.m. Its F.I.R. was lodged on 13.3.2004 at 1.20 p.m. by one Murari Lal, father of the prosecutrix. The prosecution story in brief is that prosecutrix Km. Meena aged about 15 years had gone to lane from her house on 11.3.2004 at about 8 p.m. to attend the call of nature. Immediately thereafter she did not come back, search was made but she could not be traced out. On 13.3.2004 at about 6 p.m. the prosecutrix came back to her house in a frightened condition. She disclosed that as soon as she sat down for urinal purpose, she was over powered by the applicants and co-accused. The pistol and knife were kept on her breast and by pressing her mouth, she was taken by them, at that time they were saying in an abusive language that now she would not be escaped and they would enjoy to much, she was taken to the agricultural field where they committed rape repeatedly, she was threatened by them and she was asked that in case any complaint is made by her, she would be killed. Thereafter the first information report was lodged at 8.20 p.m. on 13.3.2004 by the first informant. The prosecutrix was medically examined on 13.3.2004. No injury was seen on her person. No definite opinion about rape could be given as the prosecutrix was used to sexual intercourse. According to the x-ray report she was found more than 16 years and less then 18 years of age, in vaginal smears no sperm was found.

(3.) It is contended by the learned Counsel for the applicants that the prosecutrix was a major girl and the prosecution story was not corroborated by medical evidence because no injury was seen on her person and no opinion about rape could be given and no sperm was found in the vaginal smears. Therefore, the allegations of committing rape by three persons at several times was false and concocted.