GANPAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioner has been arrested in connection with FIR No. 34/2019 of Police Station Bhojasar, District Jodhpur for the offences punishable under Ss. 376, 420 and 384 I.P.C. 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 argued that as a matter of fact, the prosecutrix was harassed by her inlaws from last some time and the petitioner, who is a neighbour and relative of in-laws of the prosecutrix, had tried to resolve the dispute between them, however, when the prosecutrix insisted for reporting the matter to the police, then the petitioner helped her for the same. It is submitted that on 20/3/2019, the prosecutrix filed a complaint before the S.H.O., Police Station, Bhojasar levelling allegation of harassment by her in-laws, however, on the same day, she filed an application before the S.H.O. at 8:00 PM stating that now the matter has been compromised between her and in-laws and, therefore, she does not want to press the complaint filed by her. Thereafter on 23/3/2019, a false complaint against the petitioner was filed in which it is alleged that the petitioner had hypnotized her and also snatched ornaments and huge amount of money from time to time. It is also alleged that from the last about 2-3 years, the petitioner has been sexually assaulting her.