GAURAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Case of the prosecution is that the applicant committed rape on the prosecutrix who is stated to be minor in age.

(3.) Learned counsel for the applicant prayed for grant of bail by submitting that the applicant has been falsely implicated in the alleged commission of offence. It is submitted that presently, important prosecution witnesses including the prosecutrix have been examined and the statement of the prosecutrix shows that she has not supported the case of the prosecution and turned hostile and has clearly stated in cross examination that she was in love with the applicant and whatever was done with her, she had not objected nor assaulted nor cried for help. Referring to the aforesaid statement of the prosecutrix, it has been stated that the prosecutrix, having not supported the case of the prosecution that any rape was committed on her and from the oral evidence of the prosecutrix and material on record, age of the prosecutrix appearing to be more than 18 years of age, applicant may be granted bail.