Vijay Kumar Verma - (1.) HEARD Sri Brijesh Chandra Naik, advocate appearing for the applicant and A.G.A. for the State and also perused the record.
(2.) PRAYER for bail has been made on behalf of the applicant-accused Bhodu alias Dilip Pandit, who is facing trial under Section 376, I.P.C. and Section 3 (2) (v) of S.C./S.T. Act, in S.T. No. 74 of 2008, arising out of Crime No. 177 of 2008 of P. S. Bargarh (Chitrakoot). The allegation as per F.I.R. lodged on 22.3.2008 by the complainant Anand Babu Dhobi at P. S. Bargarh, district Chitrakoot, in brief, is that the accused Bhodu alias Dilip Pandit committed rape with minor niece of the complainant aged about 4 years, on 22.3.2008 at about 4.00 p.m., after carrying her in half constructed house of Nand Lal Pandit. (Name of the prosecutrix is not being disclosed in the order in pursuance of the direction of the Hon'ble Apex Court). It is submitted by learned counsel for the applicant that the medical report is not supporting the F.I.R. version regarding committing rape with the prosecutrix.
(3.) IT is further submitted that statement of the prosecutrix has been recorded in trial court in S.T. No. 74 of 2008, copy whereof has been filed as Annexure-SA-1 to the IVth supplementary-affidavit dated 17.4.2009 and from that statement, it transpires that the prosecutrix had fallen down on bricks, due to which she sustained injuries. Next submission is that the witness Satya Narayan Vishwakarma also has been examined in aforesaid session trial, but he has not supported the case of prosecution and has been declared hostile.;