BHAGIRATH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the challan papers.

(2.) Learned counsel for the petitioner submits that as per school record, the prosecutrix was above 17 years when the incident took place. He further submits that in the statement of the prosecutrix recorded under Sec. 161 Crimial P.C. on 13.08.2011, she has denied allegation of sexual intercourse. He further submits that as per medical examination of the prosecutrix, her hymen has been found to be intact and no marks of sexual intercourse have been found to be existing on her person.

(3.) Per contra, learned Public Prosecutor has opposed the bail application.