Cr.M.P. (M) No. 204 of 2009 2.4.2009 Present: Mr. Jagdish Vats, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for grant of bail to the petitioner in case F.I.R. No. 285 of 2008 dated 16.9.2008 registered at Police Station, Manali, District Kullu under Sections 452 and 376 of the Indian Penal Code. Heard. Mr. Jagdish Vats has strenuously argued that his client is innocent and has been falsely implicated in the case. He has strongly relied upon the affidavit sworn by the prosecutrix. The learned Senior Additional Advocate General has opposed the application. He has relied upon the MLC as well as report of the Forensic Science Laboratory, Junga. The incident has taken place on 15.9.2008. She was medically examined. It has come in the medical report that she was subjected to sexual intercourse. The Medical Officer has given the opinion that hymen had been ruptured and there was slight bleeding on touching. The medical report is fully corroborated by the forensic report. The human semen was found on the exhibit (Pattu). The challan has been put up on 3.3.2009. The affidavit sworn by the prosecutrix, who is 22 years of age, is at variance with the copy of MLC and forensic report. It appears that the prosecutrix has been pressurized to withdraw the case. The affidavit at this stage cannot be given any credence. The manner in which the affidavit has been sworn and its validity will be seen only at the stage of trial. The application preferred by the petitioner before the learned Additional Sessions Judge, Kullu has already been rejected by a self-contained order passed by him on 9.3.2009. Accordingly, there is no merit in this application and the same is dismissed. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression or opinion on the merits of the case. (Rajiv Sharma), J. April 2, 2009. (cr)