ABDUL MAJID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BAIL without jail' in a rape case is an extraordinary situation, but the case is also unusual and the allegations puzzling.

(2.) ABDUL Majid has filed this application for bail under Section 438, Cr. P. ,c. The victim of the alleged offence is Mst. Munni Bai wife of Sheikh Jawan kfied about 40 years. In an extremely belated First Information Report, story of the prosecution is that while Munni Bai was going to the field for giving the food to her husband, accused intervened near Nala with a gun and physically caught hold of her and took her to the Nala and forcibly committed rape on her. Munni Bai tried to push back the accused but could not succeed. Two brothers of thp. husband of Munni Bai suddenly appeared there at the time the accused was on the verge of running and saw him running from the scene of occurrence. Even then, it is alleged that Munni Bai went all alone with the food to the field of her husband.

(3.) LEARNED Counsel for the accused has submitted that a false case has been lodged on account of some money dealings. It was pointed out that the medical evidence fail's to support the prosecution casa There is not even a scratch br 'anty iniury of that nature on the person bf Mst. Munni Bai even though, it is alleged that she tried to push back the accused and was thrown in a Nala. It was also argued that the story that two to others of the husband of victim Munni Bai appeared on the scene of occurrence, saw accused running and thereafter they disappeared without even taking Munni Bai to the house and leaving her to go all alone to the field of the husband with the food, appears to be most tin-probable.