- (1.) THIS second bail application is moved on behalf of the accused applicant. The first bail application was rejected on merits by Hon'ble Zaki Ullah Khan, J. on 13.5.2013.
(2.) I have heard learned counsel for the appellant/applicant, learned A.G.A. for the State of U.P. and learned perused the material available on record.
(3.) THIS second bail application has been filed on behalf of the applicant in S.T No. 258/2010, arising out of Case Crime No. 406 of 2010, under Section 376/506 I.P.C., P.S. Kumarganj, District Faizabad, whereby, the applicant has been convicted under Section 376/506 (2) I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years and three years imprisonment for section 506 (2) and to pay of find of Rs. 25,000/ - and in default of payment of fine, the appellant to further undergo for the period of six months additional imprisonment. Learned Counsel for the appellant submits that as per the prosecution story itself the alleged occurrence took place on 26.06.2010 at about 10 a.m while F.I.R. for the same had been lodged after on extra ordinary delay of 20 days which created serious doubt to the prosecution story even then the learned trial court has convicted the appellant/applicant without proper appreciation of evidence and facts on record. The learned trial court has not properly appreciated the evidence on record and particularly this vital fact that prosecutrix had not disclosed to her mother on the same day that she was subjected to rape which was very unnatural. The learned trial court has failed to appreciate the medical evidence with regard to the age of the prosecutix which, according to Modi, come to 17 -18 years. The learned trial court has also failed to appreciate the medical report of the prosecution which clearly reveals that hymen was torned, two finger easily inserted and there was no opinion regarding rape. The learned trial court has also failed to appreciate that the sole basis of the alleged prosecution story was extra judicial confession allegedly made by the appellant under influence of liquor which is very weak in nature and unbelievable.;