SUNIL Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This is the first bail application moved on behalf of applicant Sunil, son of Sri Vir Singh in case crime No. 170/2006, under Sections 376, 506 I. P. C. P. S. Masuri, district Ghaziabad.

(2.) BRIEFLY the prosecution case, according to the F. I. R. , is that the Prosecutrix Km. Mamta, aged about 14 years informed her father on 8-7-2006 that she had gone at the flour machine of present applicant Sunil about six months ago. She was forcibly taken by him in his room at about 11 a. m. He committed rape with her on the point of country made pistol. She became un-conscious for about one hour. Thereafter she reached at her house but she could not dare to disclose this fact to her parents. About three months ago, she was also going in the same way and she was stopped by the applicant Sunil and tried to take her in his house. Anyhow, she escaped and reached at her house. At that time, he alongwith his brother Praveen and father came at her house, when none was present there except her and at the same time she was threatened not to disclose the facts of rape. Consequently she was terrorized and the present applicant had committed rape with her several times when she was alone, consequently she became pregnant. About 20 days ago of the alleged occurrence, she had gone to ease and at that time there was darkness. There again she was also threatened by showing country made pistol by the present applicant and his brother Praveen by saying the act of miss-carriage to her. Thereafter this fact was taken in the knowledge of her parents, upon which it was complained at the house of applicant but he himself caused injuries on his mouth for implicating parents of the victim. Thereafter the F. I. R. was lodged on 11-7-2006 at 11 p. m. against the accused persons.

(3.) HOWEVER, learned A. G. A. has opposed the prayer for bail by stating that he committed offence of rape with minor girl. It has been mentioned in the F. I. R. that she was being threatened several times not to disclose the fact of sexual intercourse to anybody after showing country made pistol.