HARJINDER SINGH @ GHULLU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F .I.R. No. 97 dated 18.7.1999 has been registered at Police Station Mamdot, under Section 376 I.P.C. on the statement of Gurjit Kaur. The allegation against the petitioner is that on 15.7.1999, the petitioner committed rape on her. The petitioner had approached the Sessions Court, Ferozepur, for bail under Section 438 Cr.P.C. which was declined by the Additional Sessions Judge, Ferozepur, That is why the petitioner has approached this Court under Section 438 Cr.P.C. for the same relief.

(2.) I have heard the learned counsel for both the sides and perused the record.

(3.) THE learned counsel for the State contends that from the result of the Chemical Analyst, it is seen that human semen was found and, therefore, the petitioner is not entitled to be released on bail. He also contends that the prosecutrix had not attained 16 years of age.