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2005 Supreme(Raj) 1552

KRISHAN KUMAR ACHARYA
Bhappu Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. G.M. Khan, for the Petitioner.
Mr. Ashok Upadhyaya, Public Prosecutor.
Mr. D.S. Udawat, for the Complainant.

Judgment

Krishan Kumar Acharya, J.-Heard learned Counsel for the petitioner and learned Public Prosecutor

for the State.

2. Learned Counsel for the petitioner States that the petitioner has falsely been implicated in this case. The age of the prosecutrix has only been shown as 13 years in her statement and the Medical officer has written her age 15 years without Radioligists report. Learned Counsel for the petitioner has produced a copy of the Shramik Niyojan card being No. 5822 issued by Panchayat Samiti Jaitaran, District Pali in which the age of the prosecutrix is shown as 18 years. It is further submitted that prosecutrix herself had gone from her house with her own will and she had travelled with the petitioner from place to place for several days. There is no corroboration of medical evidence also. It is further stated that accused-petitioner has been arrested and interrogated by the police. He is in custody and the trial of the case is likely to take long time. Therefore, he prays that accused-petitioner may be released on bail. Accused-petitioner will not misuse the bail and repeat the offence.

3. Learned Public Prosecutor and learned Counsel for the complainant opposed thi





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