GABBAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner is in custody in Crime No. 125/92 registered for the offences under Sections 376 and 323 of IPC.

(2.) ACCORDING to the prosecution version while the prosecutrix was going to the field carrying lunch for her husband, namely, Lakhan, on way she happened to meet two persons; out of them one was identified as the petitioner Gabbarsingh. When the petitioner tried to molest her, she shouted for help and her husband Lakhansingh hearing her should came at the spot. The other person is stated to have assaulted the husband of the prosecutrix whereas the petitioner is alleged to have committed rape on the prosecutrix, Later, they both are stated to have fled away from the spot. The report of the incident was lodged by the prosecutrix herself accompanied by her husband Lakhansingh. They both were subjected to the medical examination. On the person of the prosecutrix, no injuries were found whereas, on the person of the husband, there were signs of simple marpeet.

(3.) IN the aforementioned circumstances without meaning to comment on the merits of the case and considering the facts that no signs of violence on the person of the prosecutrix were found and the petitioner is in custody, the application is allowed.