RAJASTHAN HIGH COURT
Farooq Hasan, J.
Pooranmal - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Cr. Misc. Bail Application No. 1096 of 1989.
Decided On : 28-04-1989
Rape - Bail Application - Medical Report - Hymen Intact - Section 376/511, Indian Penal Code - Bail granted
Fact of the Case:
The accused filed a bail application contending that there was no penetration and the medical report indicated the girl's hymen was intact.
Finding of the Court:
The court considered the contentions of both parties and the medical report, and without expressing any opinion on the merits of the case, granted bail to the petitioner.
Issues: The issue revolved around whether the accused committed the offence of rape under Section 376/511, Indian Penal Code, considering the medical report and the statement of the victim.
Ratio Decidendi: The court's decision was influenced by the absence of a positive opinion of rape in the medical report and the circumstances of the case, leading to the grant of bail to the petitioner.
Final Decision: Bail was granted to the petitioner on the condition of furnishing a personal bond and sureties.
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