SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) An FIR No.239/14 has been registered at Police Station Sagwada, District Dungarpur against the petitioner for the offences punishable under Sections 366 and 376 I.P.C.

(3.) Learned counsel for the petitioner has submitted that the FIR has been registered by the prosecutrix with a delay of about two years. It is also stated that the prosecutreix, in her statement recorded under Sec. 164 Crimial P.C., has clearly stated that she resided with the petitioner for about one year and one daughter was also born to her from the petitioner. It is also submitted that the petitoner has been falsely implicated in this case as prosecutrix has resided with the petitioner at her own will.