RAJ BEER SINGH
Savej @ Shahvej – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Raj Beer Singh, J.)
1. Heard learned counsel for the applicant-accused, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant-accused in case crime No.222 of 2022, under Sections 376, 323, 504, 506 IPC, police station Delhi Gate, District Meerut with the prayer to enlarge the applicant on bail.
3. It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has been falsely implicated in this case. The first information report was lodged by the informant, alleging that applicant-accused has physically exploited her daughter on pretext of marriage and he has committed rape upon her by administering some intoxicant in her cold drink and thereafter, applicant-accused has blackmailed her. Learned counsel submitted that victim is a major girl, aged about 21 years, and that there are material contradictions in her statement recorded under Section 161 and 164 Cr.P.C. In her statement under section 161 Cr.P.C., victim girl has inter-alia stated that no obscene video was made by the applicant-accused. In her statement under section 16
Point of law: Applicant-accused is a student and he is languishing in jail, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of b....
The court emphasized the seriousness of the allegations and the need for expeditious trial in cases involving offences against children and threats to their safety.
The main legal point established in the judgment is the consideration of lack of evidence, prolonged trial process, and the initial non-implication of the accused by the prosecutrix in granting bail ....
Even slightest penetration of penis into vagina without rupturing the hymen would constitute rape.
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