MAHAVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.97/2016, Police Station Sadar, Nimbahera, for the offences under Sections 376, 452 and 354 IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary.

(3.) Learned counsel for the petitioner submits that the prosecutrix is a major girl. In the written FIR as well as the statement of the prosecutrix recorded under Section 161 Cr.P.C., allegations were limited to the extent of outraging the modesty and the investigation was also proceeding for the offence under Section 354 IPC only. Thereafter, when the prosecutrix was examined under Section 164 Cr.P.C., she exaggerated the story and alleged that the petitioner subjected her to rape for two hours under the threat of knife. He contendes that the allegation leveled by the prosecutrix in the belated statement under Section 164 Cr.P.C. is tainted and unbelievable. He thus prays that the petitioner deserves to be released on bail.