JUDGEMENT
BARKAT ALI ZAIDI, J. -
(1.) ACCUSED -applicant is charged under Sec tions 376 and 506, IPC. on 16 -10 -2007, around 5 O'clock in the morning, he is said to have raped the daughter of the complainant when she had gone to case herself, and after hearing her shrieks, her sister and her brother -in -law came to the spot and then the accused ran away.
(2.) HEARD Sri Lal Chandra Sahu Advocate for the applicant and Sri B. K. Tewari, Additional Government Advocate for the State.'
According to the medical examination, the prosecutrix is around 19 year of age and has an old tear. The First Information Report was lodged 2 days thereafter. The delay may be significant. There is quite some possibility of story of force being used in cohabitation being fabricated. The prosecution may be able to prove its version, ultimately, but we have to look on things, as they are, for the present.
(3.) BAIL may, therefore, be granted.;
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