JAWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is facing trial for the offence under Sections 363 and 376, IPC. This bail application has been moved under special circumstances, as contended by the learned counsel appearing for the petitioner.

(2.) It is contended that the petitioner is in jail for the last 14 months or so and the statement of the prosecutrix has not been recorded so far. It was also contended that as per the statement of Dr. Purushottam Jhanwar (P.W. 2), the age of the prosecutrix was between 15 to 16 years and his opinion was based on x-ray report. However, in cross- examination, the witness has admitted that the determination of age on x-ray report was not conclusive and there could be a variation of two years. Another doctor - Dr. Shobba Goyal (P.W. 4) has opined the age of the prosecutrix between 12 to 25 years. She did not find any injury on her private parts.

(3.) From the various order-sheets of the trial Court, it transpires that charges were framed on March 29, 1993. Thereafter, the case was adjourned from time to time, but the prosecutrix has not appeared for her statement. The summons were sent to the SHO, but they were not returned, after service or otherwise, on several dates. Then, it was reported that she has shifted from her native village and Prosecuting Agency and IO was directed to get her served on her new address, but without any success. Only four witnesses have been examined so far. In these circumstances, this Court has been left with no option, but to release the petitioner on bail under section 439,