SUKHPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. Biri Singh submits that the petitioner was not named by the prosecutrix in this case of rape either in the F.I.R. or in the statements recorded under section 161, Crimial P.C. and he was named for the first time in the statements recorded under section 164, Crimial P.C. Mr. Biri Singh has raised a dispute of identity and he has submitted the it his client may be subjected to the identification parade. Mr. Biri Singh cited before me an order of this Court reported in R.L.R., 1985, P. 376 and has submitted that the order may also be passed in this case on the same lines.

(2.) Since the petitioner has not been named in the FIR and has been named in the statements recorded under section 161, Crimial P.C. only and he himself has asked for the identification, I am of the opinion that the petitioner may be granted an opportunity to be seen by the prosecution in the interest of justice.

(3.) It is accordingly ordered that the accused-petitioner Sukhpal S/o Shri Narain shall report before the Additional Sessions Judge, No. 1, Ajmer in relation to FIR No. 126/91 of Police Station, Clock Tower, Ajmer. The Additional Sessions Judge, No. 1, Ajmer may forward the petitioner to judicial custody on the same date and may depute a Magistrate to hold the test identification parade on that very day. For this purpose the date on which the petitioner is to surrender before the Additional Sessions Judge, No. 1, Ajmer may be intimated by the petitioner to the learned Additional Sessions Judge, No 1, Ajmer by moving a proper application, well in advance which shall not be later than 15 days from today. The learned Additional Sessions Judge, No. 1. Ajmer will in turn see that the accused petitioner is no taken to the police station and is not handcuffed prior to the test identification parade. Till the identification parade is held the petitioner shall not be arrested. In case the accused petitioner is identified, he would surrender himself to the investigation officer at the concerned police station immediately on that very day and in case the accused petitioner is not identified correctly, he shall be released forthwith on bail on his furnishing a personal bond in the sum of Rs. 10,000 (Ten Thousand) with two sureties of Rs. 5000.00 (Five Thousand) each to the satisfaction of the investigating officer of the said Police Station, on the following conditions:-