SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) Learned counsel for the petitioner submits that the prosecutrix is more than 16 years of age. According to her testimony the petitioner abducted her while she was sleeping along with her family members, and committed rape on her. According to learned counsel this story is highly improbable. According to prosecutrix initially she claims that she was abducted by the petitioner from her house. However, in cross-examination she claims that because of dark night she could not identify the petitioner. Moreover, according to medical report the prosecutrix was found habitual to sexual intercourse. Therefore, a totally false case has been fabricated against the petitioner.

(3.) On the other hand, learned Public Prosecutor has opposed the bail application.