LAXMAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 297/2018 of Police Station Dhorimanna, District Barmer for the offence punishable under Sec. 376 IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is alleged that the allegation of sexual assault against the petitioner is false. It is also submitted that as a matter of fact when the prosecutrix approached the petitioner for some work at his rented accommodation, the petitioner asked her to sit in the room, however, the neighbours saw this, then they immediately gathered there and locked the room from outside and thereafter called the police. It is submitted that the police immediately reached there and rescued the petitioner and the prosecutrix from mob and took them to the police station and thereafter the police detained the petitioner under Sec. 151 Cr.P.C. It is further submitted that at that time the prosecutrix had specifically stated to the police that she approached the petitioner for some work and the neighbours locked the room of the petitioner and the petitioner did nothing wrong with her. It is submitted that when the father and the other relatives of the prosecutrix reached the police station they found the neighbours there and when they saw the prosecutrix with the petitioner then they lodged this false FIR. It is argued that in the FIR, it is specifically alleged that the petitioner and one Ramnarayan sexually assaulted the prosecutrix but later on, the prosecutrix, her father and other witnesses have exonerated Ramnarayan from the allegation of sexual assault and simply said that he caught her hand in the room thereafter locked the room from the outside. Learned counsel for the petitioner has submitted that the prosecutrix is major and whatever the relations between her and the petitioner, the same were consensual.