BHERARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No.160/2018 of Police Station Basni, Jodhpur for the offences punishable under Ss. 458, 323, 341, 376(2)(N) and 302 I.P.C. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the allegations against the petitioner are to the effect that he had sexually assaulted the deceased and thereafter murdered her. Learned counsel for the petitioner has invited attention of the Court towards the statements of prosecution witnesses, who appeared during the course of investigation and alleged that the petitioner had sexually assaulted the deceased and thereafter murdered her but now in the court statements, they have not supported the prosecution story and turned hostile. Learned counsel for the petitioner has invited my attention towards the statements of Dr. Santosh (PW-14), who has also stated that no evidence of sexual assault is available. It is further submitted that the injuries received by the deceased are superficial in nature.