JAMSHED Vs. STATE OF U P

JUDGEMENT

(1.) THIS is the first bail application moved on behalf of applicant, Jamshed son of Sri Sahabuddin in case crime No. 1613/2006, under Sections 376/506, I.P.C., P.S. Khatauli, district Muzaffar Nagar.

(2.) BRIEFLY prosecution case according to the F.I.R. is that on 20 -12 -2006 at 1.30 p.m., Fareen aged about 15 years, daughter of first informant Smt. Yashmeen came out for bath room and at the same time, the applicant Jamshed took her in Gas Godam by showing country made pistol and pressing her mouth and she was tied with rope and her mouth was also closed with clothes and he committed rape upon her forcibly. Thereafter he fled away from there. The above girl had come at the house in weeping condition after opening her hands and legs and the F.I.R. was lodged against him on 20 -12 -2006 at 8.45 a.m. under Sections 376/506, I.P.C.

(3.) IT is contended by learned Counsel for the applicant that father of applicant Sahabuddin lodged the F.I.R. on 21 -12 -2006 at 8.30. p.m. against Salim and Kallu and two unknown persons for the offence under Sections 342/504/506/427, I.P.C. They entered into Godam and the son Jamshed was beaten by them with lathi, Danda and kicks and fists and his Maruti car was also broken for taking such revenge. False report has been lodged against the present applicant on 20 -12 -2006 at 8.45 a.m. by showing the incident of 21 -12 -2006 at 8.30 p.m. It is further contended that the prosecutrix is major and at the most, she may be consenting party.