INDIRA BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Sec. 439 (2), Cr. P. C. for cancellation of the bail granted by the learned Sessions Judge, Kota by his order dated 4. 10. 1991.

(2.) ON the question of maintainability of application under Sec. 439 (2), Cr. P. C. for cancellation of the bail by the High Court in a case where the bail was granted by the Sessions Judge, learned counsel for the complainant. petitioner, has cited before me Jagram vs. Ghamandi & Ors. (1), S. C. Gurucharan Singh & Ors. vs. Delhi Administration (2), State vs. Captain Jagjit Singh (3) and Sant Ram vs. Kalicharan (4 ).

(3.) SHRI P. K. Sharma appearing for the petitioner has submitted that no doubt the prosecutrix is married but as per customs in the Meena community, she was to be sent to her-in-laws house only after attaining the majority. SHRI K. C. Sharma for the accused-respondent argued that if the marriage of the prosecutrix has not been consumed, she has not visited her husband and she is minor, how the medical report shows that she is habitual to sexual intercourse and that her vagina admits two fingers and he has further submitted that she is a girl of easy virtues.