SATYAPRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.03/2022, registered at Police Station Matoda, District Jodhpur, for offences under Ss. 365, 342, 376(2)(N), 376D & 384 IPC.

(2.) Learned counsel for the petitioner submitted that a false case has been foisted against the petitioner. Learned counsel further submitted that there are major discrepancies in the prosecution story. Learned counsel drew the Court's attention towards the statement of Mukesh Lahoti recorded under Sec. 161 Cr.P.C wherein he stated that on 7/1/2022, he was at his home and his father was informed by Baya that a girl had climbed the school boundary and went inside. Mukesh along with his father, Shankarlal went to the school and found wife of Behrupiya who told them that her husband had gone to the bathroom but the bathroom was locked from inside. Thereafter, Shankar Lal peeked into the bathroom from its roof and saw that the girl was sitting inside the bathroom. Upon being asked to open the door, the girl unlocked the door and stated herself to be daughter of Kumbharam Godara and sister of Jagdish whereupon Mukesh Lahoti called Jagdish to inform about his sister's whereabouts who came to the spot and took her with him.

(3.) Learned counsel vehemently submitted that a different version of prosecution story has been narrated in the FIR lodged by the brother of the prosecutrix, stating inter alia that the girl was found in an unconscious state in the bathroom. Learned counsel further drew court's attention towards the statement of prosecutrix recorded under Sec. 164 Cr.P.C., pointing towards major discrepancy that she stated the date when she left the home to be 6/1/2022 which completely shakes the prosecution story. Learned counsel lastly submitted that the prosecutrix in her statements under Sec. 164, stated that the accused-petitioner with co-accused Magraj and Girdhari Ram had been sexually assaulting her for last 1-2 years which was not disclosed even to the family members clearly indicating towards a consensual relationship between them.