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Judgment
Dev Darshan Sud, J.—The Petitioner seeks to be admitted on bail on the allegation that he is not involved in any offence u/s 376, 511 and 377 IPC, registered at Police Station Arki, District Solan vide FIR No. 50/2010 dated 27.04.2010.
It is pleaded that the case is now fixed for evidence of the prosecution on 16th May, 2011. The investigation is complete and even according to the material, which has been brought on record of the investigation, no offence u/s 376 IPC is made out. Notice of this application was given to the State.
I have heard learned Counsel appearing for the Petitioner as well as learned Additional Advocate General and have gone through the record of the case.
This application is rejected primarily on the ground that the case is now fixed for recording evidence on behalf of the prosecution on 16th May, 2011. In these circumstances, I will not proceed to hold a trial within a trial. Adverting to the second aspect of the matter that the Petitioner is not guilty of offence u/s 376 IPC, although the medical evidence prima facie establishes that girl has not been ravished so as to attract the provisions of rape, however, what I find from the record is that she has injuries in and around her anal region. She is a minor and therefore, commission of an offence u/s 377 cannot be ruled out. These observations have been made by me on a perusal of the record and it is not in any manner finally determining the involvement of the Petitioner which shall be ascertained on the evidence on record. Petition stands dismissed.