SATYANANDA SAHU ALIAS KUNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEAD Shri Jayadeep Pal, learned counsel appearing for petitioner and learned Additional Standing Counsel for State.

(2.) SEEKING pre -trial release of petitioner on bail in G.R. Case No. 907 of 2003 subjudice before learned S.D.J.M. Angul. present application under Section 439 Cr.P.C. is made on his behalf.

(3.) LEARNED counsel appearing for petitioner urges that petitioner is innocent of allegation. According to him it is a false case foisted against petitioner. That apart, no sign of injuries on her person nor in her private part has been noticed by Doctor who examined her on police requisition. He has reiteratedly canvassed for release of the petitioner from detention on the ground that hymen of the victim has been found intact even after alleged sexual assault. In support of his contention he has relied on (2003) 25 O.C.R. 633 *(Pratap Sahu v. State of Orissa). In the reported case this Court refused to accept allegation of the prosecutrix that rape was committed on her by the petitioner. In view of the fact that no injury was found on her private part and particularly when incident was first sexual intercourse in her life and was a complete one.