SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioners have been arrested in FIR No. 06/2018 of Police Station Semari, District Udaipur for the offences punishable under Ss. 366 and 376/34 of IPC. They have preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that petitioners have falsely been implicated in this case. It is submitted that the complainant lodged an FIR on 12/1/2018 while alleging that petitioners had abducted his sister on 11/1/2018 at 7.00 PM. It is submitted that in the said FIR after thorough investigation, the police proposed to file negative final report on 30/1/2018 and the same was presented before the concerned court, however, on the instructions of the concerned court, further investigation was conducted and statements of the prosecutrix were recorded under Sec. 164 Cr.P.C., wherein she has alleged that petitioners had abducted her and thereafter petitioner No. 2 sexually assaulted her. It is submitted that as a matter of fact, the prosecutrix in her statement recorded under Sec. 161 Cr.P.C. has specifically stated that she went with the petitioner No. 2 as per her own free will and also solemnized marriage with him. Later on, she levelled false allegations against the petitioners of kidnapping and sexual assault in her statement recorded under Sec. 164 Cr.P.C. under pressure of her family members. It is also submitted that statements of the prosecutrix under Sec. 164 Cr.P.C. were recorded after around four months of recording of her statements under Sec. 161 Cr.P.C. It is also submitted that the petitioners have been made accused as the trial court took cognizance against them vide order dtd. 14/2/2019 and summoned them through warrant of arrest.