SAWAI RAM Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on the record.

(2.) The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.12/2016, registered at Police Station Nagana, District Barmer for the offences under Sections 457 and 376(1) of the IPC.

(3.) The FIR of the incident dated 03.02.2016 was filed by Lal Singh, and the prosecutrix Mst. 'K' herself accompanied by her husband at the Police Station Nagana on 05.02.2016 for alleged attempt to committ rape. The prosecutrix was examined under Section 161 Cr.P.C. wherein, for the incident of 03.02.2016, the allegation is only of attempted rape. However, when the prosecutrix was examined under Section 164 Cr.P.C. on 08.02.2016, she alleged that the petitioner took earlier her to Jasol on 01.02.2016 and subjected her to rape.