Barkat Ali Zaidi - (1.) -According to the first information report lodged by the mother of the prosecutrix, her daughter was coming back from school in Imalia where she was IX class student and was wearing gold and silver ornaments and carrying Rs. 1,000 cash with her, when she was accosted by the accused who is a labourer and who took her with him and kept her in his hut for 10 days, where she was subjected to sexual intercourse against her will, and he also appropriated himself the cash and ornaments of her daughter.
(2.) HEARD Sri H. K. Shukla, advocate, for the applicant and Sri Arvind Tripathi, Addl. Government Advocate for the State. According to the mother her age is 14 years, but the medical examination report mentions her age as 17 years. It is well-settled that there can be a difference of two years either way in the assessment of age or by medical examination and in any case the age of the girl was beyond the age of consent. In the circumstances enumerated above, it is not unlikely, that the girl remained with the accused-applicant for all these 10 days of her own freewill. The mother will also have to explain why the girl was wearing the gold and silver ornaments and carrying cash with her, while returning from school.
(3.) IN the circumstances bail should not be refused. He be released on bail in the aforenoted case crime and offences, Police Station Paikoliya, Basti on his furnishing a personal bond of Rs. 15,000 with one surety in the like amount to the satisfaction of Special Judge S.C./S.T. Act, Basti.;