S.B.CR. MISC. BAIL APPLICATION NO.2633/2008
(Babu Lal Vs. State of Rajasthan)
DATE OF ORDER : 11/7/2008
HON'BLE MR.BHANWAROO KHAN, J.
Mr.Firoz Khan, for the petitioner.
Mr.S.K. Vyas, PP.
Mr.Jitendra Ojha, for the complainant.
The accused-petitioner Babu Lal is
facing charge under Sections 376, 366, 368,
406 and 120-B IPC. The statement of
prosecutrix under Section 164 Cr.P.C. was
recorded in which she has specifically stated
that it was Babu Lal who has also committed
rape on her and he is also responsible for
taking her away at different places alongwith
Prema Ram, the main accused.
Learned counsel pleaded that it was
Prema Ram, who is responsible if at all for
the commission of offence of rape with the
prosecutrix, but the case of Babu Lal is not
similar to that of Prema Ram because Babu Lal
if at all has committed sexual inter-course
with the prosecutrix then it is certainly with
her consent. Therefore, no prima facie case
under Section 376 IPC is made out against the
accused-petitioner. The arguments is not at
all sustainable. The prosecutrix specifically
levelled allegation of rape against this
accused-petitioner and his presence is also
shown at different places alongiwth
prosecutrix.
Looking to the overall facts and
circumstances of the case, the bail
application filed under Section 439 Cr.P.C on
behalf of petitioner-Babu Lal is rejected.
(BHANWAROO KHAN)J.
Rm/