JUDGMENT

Sanjay Kumar Singh, J.

Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant.

2. By means of this application, applicant Rajesh, who is involved in Case Crime No. 14 of 2022, under Sections 376AB of I.P.C., & under Section 5m/6 POCSO Act, Police Station Dauki, District Agra, seeks enlargement on bail during the pendency of trial.

3. As per prosecution case in brief, the informant who is mother of the victim lodged a first information report on 14.01.2022 for an alleged offence under Section 376 I.P.C. and Section 3/4 of POCSO Act against the applicant Rajesh making allegations inter-alia that on 14.01.2022 at about 05:50 PM when her daughter aged about 7 years had gone to field, the applicant by alluring her for giving Rs. 10/- bodily lifted her to the mustard field and committed rape on her.

4. The main substratum of argument of learned counsel for applicant is that the applicant has been falsely implicated in this case and that the allegation of the prosecution is not supported by the medical examination report of the victim as no injury was found on her body and her hymen perineum was found intact. Therefore, the applicant who is languishing in jail since 15.01.2022 may be enlarged on bail.

5. Per contra, learned Additional Government Advocate vehemently opposed the prayer for bail of the applicant by contending that the victim in her statement both under Section 161 and 164 Cr.P.C. has made serious allegation of rape against the applicant. Victim is minor child aged about 7 years, and the offence is heinous in nature, therefore bail application of the applicant is liable to be rejected.

6. Victim in her statement under Section 164 Cr.P.C. has specifically stated that when she had gone to fetch mustard from the field, accused took her to the field in the lap and inserted his penis into his vagina.

7. It is well settled that to constitute an offence of rape complete penetration of penis with emission of semen and the rupture of hymen is not necessary.

8. Modi in his book Modi Textbook of Medical Jurisprudence and Toxicology, 23rd Edition, at page 897, opined thus:

"To constitute the offence of rape, it is not necessary that there should be complete of the penis with the emission of semen and the rupture of hymen. Partial penetration of the penis within the labia majora or the vulva or pudenda with or without the emission of semen, or even an attempt at penetration is quite sufficient for the purpose of law. It is, therefore, quite possible to commit legally, the offence of rape without producing any injury to the genitals or leaving any seminal stains. In such a case the Medical Officer should mention the negative facts in his report, but should not given his opinion that no rape had been committed. "

At page 928: In small children, the hymen is not usually ruptured, but may become red and congested along with the inflammation and bruising of the labia. If considerable violence is used, there is often laceration of the fourchette and the perineum.

9. In Parikh's Textbook of Medical Jurisprudence and Toxicology, the following passage is found:

"Sexual intercourse: In Law, this term is held to mean the slightest degree of penetration of the vulva by the penis with or without emission of semen. It is, therefore, quite possible to commit legally the offence of rape without producing any injury to the genitals or leaving any semina