Court No. - 52

Case :- CRIMINAL APPEAL No. - 4493 of 2017

Appellant :- Rajiv Kumar

Respondent :- State Of U.P.

Counsel for Appellant :- Ajay Kumar,Rajive Ratn Singh

Counsel for Respondent :- G.A.,Suneel Kumar

Hon'ble Rajul Bhargava,J.

Heard Sri Atul Pandey, learned counsel for appellant, learned A.G.A. for

the State-Respondent and perused the paper book.

This Criminal Appeal under Section 14-A(2) Scheduled Castes &

Scheduled Tribes (Prevention of Atrocities) Act has been filed questioning

the correctness of the order 11.7.2017 passed by Additional Session Judge,

Court no. 1, Pilibhit in Bail Application no. 773 of 2017 (Rajeev Kumar

vs. State of U.P.) in Case Crime no. 134 of 2017, u/s 363, 366, 376 IPC

and 3(2)(5)Ka SC/ST Act and 3/4 POCSO Act, P.S. Gajraula, District

Pilibhit, whereby his prayer for bail has been rejected.

It is contended by counsel for the appellant that the prosecutrix from the

medical report and otherwise is aged about 17 years. He has referred to the

statement of the prosecutrix recorded u/s 164 Cr.P.C. whose certified copy

has been annexed as annexure-2 to the affidavit in which she has

categorically stated that she has gone with the a