RESHAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) CASE diary of Crime No. 15/2000 registered at Police Station, Kartala (Korba) for offences punishable under Sections 354, 147, 323, 376 and 506, IPC, perused.

(2.) THE prosecution allegations in the F. I. R. were that the applicant and some others misbehaved with the prosecutrix outraged her modesty and man handled her father. In the F. I. R. itself it was shown that when she was insulted by the accused persons certain others had seen the incident and on their intervention she could be saved. Later on the prosecutrix started asserting that when she was taken to Badi the accused committed rape upon her. On these statements the prosecution in its wisdom has added a charge punishable under Section 376, IPC.

(3.) SUBMISSIONS of the learned counsel for the applicant are that there is variance between the F. I. R. and her statements recorded on 23-4-2000, therefore, the applicant deserves to be released on bail. On the other hand, learned counsel for the Stale has opposed the application.