RAKESH KUMAR S/O. HARIGAIN R/O. VILLAGE AHROLI, P.S. MEHNAGAR DISTRICT AZAMGARH (U.P.) Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-3-99
HIGH COURT OF UTTARAKHAND
Decided on March 21,2012

Rakesh Kumar S/O. Harigain R/O. Village Ahroli, P.S. Mehnagar District Azamgarh (U.P.) Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) MR . Deepak Sharma, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State.
(2.) APPLICANT - Rakesh Kumar who is in jail in connection with FIR no. 132 of 2011, relating to offences punishable under section 363, 366, 376 IPC, Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties.
(3.) LEARNED counsel for the applicant submitted that the girl who is said to be aged fourteen years, did not raise any hue and cry, nor shouted for help through out her journey from Uttarakhand to District Azamgarh, in Uttar Pradesh. It is pointed out that in the statement under section 161 Cr.P.C., the girl has denied commission of rape by the applicant, but in her statement under section 164 Cr.P.C., she has alleged that she was subjected to rape. Applicant is in jail for almost one year.;


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