NATHUSINGH RAJPUT Vs. STATE OF M P

JUDGEMENT

(1.) THIS is first application filed by the applicant under Section 438 of Cr. PC for grant of anticipatory bail apprehending arrest in connection with Crime no. 162/06 registered by police-Rajod, Tehsil Sardarpur, District-Dhar under section 376 of IPC and Section 3 (2) (v) of S. C. S. T. Act, on the allegation that he committed rape on the prosecutrix, who belongs to Scheduled Tribe.

(2.) LEARNED Counsel for the applicant submitted that on account of advice given by some villagers a false report has been lodged against present applicant and this facts has been admitted by non else, but the prosecutrix herself in her affidavit sworn in by her and her husband Dinesh also. He further submitted that similar affidavits were also filed before Trial Court.

(3.) THE documents were sent for verification from the concerning police. They send a report that affidavits were executed by prosecutrix and her husband, but without knowing about the contents of these documents. The prosecutrix herself is present in the Court and learned public prosecutor after interrogating her has said that in the Court also she is admitting that the allegations of rape is untrue.