GOKAL RAM 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 FIR No.117/2023 registered at Women Police Station, Barmer, for offences under Ss. 450, 376, 506 IPC.

(2.) As per prosecution, on 30/6/2023 at about 3.00 pm the petitioner on seeing the prosecutrix alone in the house, entered in her house with bad intentions and committed sexual assault - rape upon her.

(3.) Learned counsel for the petitioner submitted that the prosecutrix who is a mature married woman has falsely roped the petitioner in the criminal case. The FIR has been lodged after about 5 days of the alleged incident without furnishing any explanation for the delay. Learned counsel submitted that the investigation against the petitioner has already been completed and challan has been filed before competent criminal court by the investigating agency on 4/11/2023. Learned counsel submitted that the prosecutrix was having a consensual relationship with the present petitioner. However, as their relations turned strained, she has implicated the petitioner in a false case. To substantiate this contention, attention of the Court was drawn by the learned counsel for the petitioner towards the challan papers which indicate that the petitioner and prosecutrix were having an old acquaintance of each other and were constantly in touch with each other through mobile phone. Learned counsel submitted that as per the challan papers, about 112 calls were exchanged between the petitioner and the prosecutrix during the period commencing from 1/6/2023 to 3/7/2023. Further attention of the Court was drawn towards the statements of Smt.Makhni, Shri Swarooparam, Shri Jaswant etc. recorded under Sec. 161 Cr.P.C. to state that the mobile phone which is being used by the prosecutrix was gifted to her by the petitioner. Learned counsel submitted that the documents annexed with the challan papers clearly indicate that the petitioner and the prosecutrix were known to each other and remained in touch with each other through the mobile calls.