SHAHADAT Vs. STATE OF U P

JUDGEMENT

(1.) THE accused is charged with having forcible coition with the prosecutrix who is a married lady, in a field, where she had gone to ease herself. No injury was found on the person of prosecutrix. The case was registered under the direction of the Magistrate under Section 156 (3), Cr.P.C. but it is significant that the prosecutrix moved an application before the Investigating Officer about the compromise with the accused.

(2.) THE Trial Judge ignored the same on the ground that the offence was not compoundable and rejected the bail, but he should have realised that he is deal ­ing with a matter of bail and not deciding the case, on merits.

(3.) THE circumstances that the prosecutrix offered a compromise is an impor ­tant circumstance, which should incline the Court for granting bail to the ac ­cused.