RAJ KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has filed this revision under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 17.10.2007, passed by Sixth Additional Sessions Judge, Sagar, in Criminal Appeal No. 421/07, affirming the order dated 12.10.2007, passed by Chief Judical Magistrate, Sagar, rejecting the bail application of applicant in connection with Crime No. 161/07, registered by Police Khimlasa of District Sagar, under sections 452, 354, 506 and 376 of Indian Penal Code.

(2.) ACCORDING to prosecution, on 14.6.2007 at about 3 O'clock in the day, applicant went at the house of prosecutrix and on the pretext of demanding screw driver entered her house and committed rape on her. When prosecutrix shouted, other family members reached at the spot, then accused ran away. Report of the incident was lodged by the prosecutrix on 21.6.2007, wherein it was mentioned that as soon as accused caught hold of her and gaged her mouth, she shouted and accused ran away. In the statement of prosecutrix recorded on 21.6.2007 and in the statement recorded on 27.6.2007 under section 164 of the Code of Criminal Procedure, it was disclosed that applicant had committed sexual intercourse with the prosecutrix.

(3.) LEARNED counsel for the applicant submits that applicant has been falsely implicated. There was a simple incident of mar -peet and quarrel, but at later stage, with some ulterior motive, it was given the colour of rape. He submits that prosecution has filed 'Panchayatnama', which was record of Panchayat convened in the presence of family members of both the parties, wherein it was resolved that both the parties would make cordial relations and would not entertain any animus against each other. He submits that story of rape was an afterthought. He submits that on ossification test of the prosecutrix it was opined that her age was between 15 to 16 years and on medical examination, she was found to be habituated to sexual intercourse. He further submits that there is no likelihood that applicant would come into contact of any known criminal or his release would expose him to moral, physical or psychological danger or otherwise defeat the ends of justice.