PRABHATI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The petitioners are facing trial in the Court of Additional Sessions Judge No. 2 Alwar for the offences under Sections 366, 376 and 392 IPC. The incident is said to be of 20. 4. 90, while the report of the incident was lodged on 23. 4. 90 at 12. 15 P. M. by Smt. Chiriya who is an elderly woman aged about 35 years or so. In the said report, she implicated the petitioner and two other co-accused persons to have taken her in a jungle and committed rape on her thrice by each of them.

(2.) AFTER registration" of the case, the police submitted a charge-sheet against the accused-persons and now they are facing trial as stated above.

(3.) I have given my careful consideration to the rival contentions made by the learned counsel for the petitioner and the learned P. P. It is no doubt true that this is a second bail application was dismissed with a clear direction that arguments of the learned counsel for the petitioners can appreciated only after the statement of Smt. Chiriya is recorded by the trial Court. From the order of the Trial Court dated 1. 2. 91, it is clear that Smt. Chiriya did not appear in Court to give her statement inspite of her service and she has not been coming since last so many dates which have been mentioned above.