IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.(M) No.163 of 2011. Date of decision: 30.03.2011. Neel Kumar @ Neelu … …Petitioner Versus State of H.P. … …Respondent Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioner: M/s.N.K. Thakur and Rakesh Chandel, Advocates. For the Respondent: Mr.P.K. Sharma, Additional Advocate General with Ms.Shubh Mahajan, Deputy Advocate General. Dev Darshan Sud,J. The petitioner seeks to be admitted on bail on the allegation that he is not involved in any offence under Section 376, 511 and 377 IPC, registered at Police Station Arki, District Solan vide FIR No.50/2010 dated 27.04.2010. 2. 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 under Section 376 IPC is made 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 out. Notice of this application was given to the State. 3. 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. 4. 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 under Section 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 under Section 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. March 30, 2011. (Dev Darshan Sud) (aks) Judge.