SATYA NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for petitioner, learned Public Prosecutor for State as well as learned Counsel for the complainant and perused the relevant documents placed before me.

(2.) CONTENTION of the learned Counsel for petitioner is that age of the prosecutrix according to the medical report is between 18 -20 years which also opines about old ruptured hymen. Learned Counsel for petitioner referred to the statement of the prosecutrix recorded Under Section 161 Cr.P.C. and the first information report to say that in both, it is alleged that prosecutrix went with the petitioner on his motorcycle but in her statement recorded Under Section 164 Cr.P.C., it is stated that she went in the petitioner's car. The prosecutrix has admitted in her statement that she got married with Ramavtar five years ago. Prosecutrix is major and went with the petitioner out of free will. Statement of the prosecutor does not inspire confidence especially when there is no evidence that she was subjected to rape or she posed any resistance. Investigation is almost complete. Petitioner is in jail since 6/7/2010. There is no other criminal case pending against the petitioner.

(3.) HAVING regard to the facts aforesaid and considering all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.