RAJU CHAURASIA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri B.K. Tripathi, learned counsel for applicant- Raju Chaurasia, Sri Manu Sharma, learned counsel for the informant, the learned A.G.A. for the State and perused the record.

(2.) Applicant seeks bail in Case Crime no. 1545 of 2014, under Sections 376, 506 IPC and Section 3/4 POCSO Act, 2012, P.S. - Kotwali, District Maharajganj.

(3.) It is submitted that according to the prosecution case, the daughter of the informant aged about 13 years, while she was all alone in the house, the applicant, a neighbour, entered the house, closeted the door and forcibly overpowered the victim on the floor, gagged her mouth and sexually assaulted her. The contention is that the absence of any internal or external injury, more so when it was a specific case of the prosecution that she was sexually assaulted with force makes prosecution case under grave suspect, as it is highly improbable that giving the impact of force and pressure on the victim, she would go without any injury and merely because old torn hymen with no bleeding was noticed, cannot probabilize an inference of sexual assault given the pressure and impact alleged by the prosecution. It is finally submitted that it is a case of false implication, applicant has no previous criminal history, is in jail since 2.11.2014 and the trial is not likely to be concluded in the near future, he be enlarged on bail.