MD. THOI @ THOIBA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Th. Ibohal Singh, learned counsel appearing for the petitioner and Mr. R.S.Reisang, learned P.P. appearing for the State.

(2.) THE present application has been filed u/s 439 Cr.P.C. praying for releasing the petitioner/accused on bail who has been in custody in connection with FIR case No.112(11)12 MRG P.S. u/s 376/447/323/406/417/34 read with Section 200 Cr.P.C. The petitioner was arrested in connection with FIR case and his bail application was rejected by the Court of CJM, Bishnupur on 17.9.2013 and thereafter, the petitioner again moved the Court of Sessions Judge, Bishnupur which also rejected his application on 17.10.2013. Being aggrieved, the petitioner has now approached this Court under section 439 Cr.P.C. for enlargement on bail.

(3.) LEARNED counsel for the petitioner by referring to the bail objection filed before the Court has contended that in course of the investigation, the complainant was examined medically at the Department of Forensic Medicine, RIMS, and the examining doctor had given the opinion that her Labia Majora, Labia Minora, Vulva and anus were all intact and it was not consistent with recent sexual intercourse, though it was also mentioned that there was an old tear in her hymen at 4 -7 degree clock position. Further, learned counsel for the petitioner draw attention of this Court to the said bail objection report in which it is mentioned that the petitioner was also examined medically on 3.8.2013 by the Department of Forensic Medicine, RIMS and the Doctor gave the opinion that no definite opinion can be given as to whether the petitioner had performed recent sexual intercourse in the ordinary way and there is nothing to suspect about his potency.