LAEEQUE AHMED IQUBAL HUSAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application is filed for release of the petitioner on bail in respect of the offence of rape alleged to have been committed on the prose-cutrix on the night of 8th March 1996. The complaint came to be lodged by the prosecutrix after a day i.e. on 10th March 1996. The allegation was initially that five persons had committed rape.

(2.) MR . Dhakephalkar appearing on behalf of the petitioner points out to me that in the subsequent statement of the prosecutrix record-ed on 11th March 1996 she states that three persons had committed the rape on her. The petitioner was arrested late that is on 29th May 1996 whose name was not mentioned in the FIR. The only evidence against this petitioner is the identification by the complainant.

(3.) I have heard the Advocates for both the sides and gone through the complaint as well as the supplementary statement of the prosecutrix and the memorandum of identification produced by the APP Mr. Behere and I am of the opinion that the petitioner deserves to be released on bail in facts and circumstances of the case. I do not wish to make any comments about the main evidence against the petitioner at this stage which will depend on the evidence that will be led at the trial of the case.