Rajasthan High Court - Jaipur
Mahaveer Meena vs State Of Rajasthan Through P P on 27 April, 2017
Author: Sabina
Bench: Sabina
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISCELLANEOUS BAIL NO. 5467/2017
Mahaveer Meena Son of Ramesh Chand, by Caste Meena,,
R/o Bhainsda, Tehsil Atru, Police Station Atru, District Baran
(raj.)
(At Present in District Jail, Baran)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
__________________________________________ For Petitioner : Mr. J.S. Chauhan For Respondent : Mr. R.R. Baisla, P.P. __________________________________________ HON'BLE MRS. JUSTICE SABINA Order 27/04/2017 Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.71/2015 registered at Police Station Atru, District Baran (Raj.) for offence under Section 376 Indian Penal Code, 1860 and Section 3/4 of Protection of Children from Sexual Offences Act, 2012.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 22.03.2015. Although, prosecutrix has stated in her examination-in-chief that, she had been raped by the petitioner but, in her cross- examination, she has stated that she has been told by Parmanand as to what was to be stated by her in her statement. She had not seen the private part of the petitioner. Learned counsel has further submitted that (2 of 2) statement of the prosecutrix was not supported by medical evidence. As per the medical evidence Hymen of the prosecutrix were intact and as per major and minor criteria there was no evidence of rape.
Learned state counsel has opposed the petition. I have gone through the statement of the prosecutrix recorded during trial as well as the medico legal report of the prosecutrix and the statement of the doctor recorded during trial.
Keeping in view the facts and circumstances of the case and the fact that the petitioner is in custody since 22.03.2015, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J. Mohita/59